Some Factors that Determine who Gets Child Custody

Child custody is a very sensitive matter because it affects a child’s future. In order to ensure that the future of your child is secure despite the split in the family, it is important that his custody be given to the right parent.

Domestic Violence

If there is documented proof that one of the parents abuses the family emotionally, physically or financially, the other parent gets the custody naturally. Often, emotional security and a peaceful childhood is given preference over an opulent life for the child.


Parents who are addicted to alcohol, drugs or any other substance never get custody of their child. In such matters, the normal parent invariably gets the custody.


The court usually favors the parent who stays close to the place or in the same place where the children have been living until the divorce. You are at a disadvantage if you plan to take your kids to a completely new place.


Mothers usually get the custody of children younger than three years of age. If mothers are found unfit, the father might get custody if the children have lived with their father for at least six months before the divorce. Older children can choose the parent they want to live with.


Parents who work inconsistent hours or have jobs with a high risk factor find it harder to convince the court for custody. Parents with normal day time jobs are have an upper hand.

Quality of life

Preference is given to the parent who can give the child a life of good quality. This includes a nice place to live, education in good institutions, entertainment and several other factors. The court tries to ensure that the child gets to spend time with both the parents, unless one of the parents is mentally unfit. So, obtaining sole child custody is not very easy.