Factors considered before a judge grants custody of a child to a parent

BY STANLEY ALIEKE

During separation and divorce, the most heated argument between the couple is always who takes custody of the child(ren), if the marriage has been blessed with child(ren) after this comes the argument of sharing and splitting property; who takes what.

The court takes custody of the child(ren) seriously and treats it with utmost care and priority because this is what determines the future of the child.

If the judge grants the physical custody of a child to a parent it means that the parent has the right to have a child live with him or her for the amount of time determined by the judge. The judge, in some instances, can grant primary custody of a child to a parent. In this case, the child lives with the parent and the parent makes the decision on the upbringing of the child in exclusion of the other parent. In some other instances, the court may also grant joint custody of the child to both parents. In this arrangement, the child spends a significant amount of time with both parents at different times and both parents contribute to the upbringing of the child physically, emotionally, and financially.

Joint custody may be joint legal custody i.e both parents have joint legal custody of the child. Legal custody of a child simply means having the legal rights to make decisions about a child’s wellbeing and upbringing. Joint custody may also be joint physical custody i.e the child spends some amount of time with each parent at different schedules and times. Finally, joint custody may also be joint physical and legal custody.

It should, however, be noted that a parent may have legal custody of a child and not have physical custody and vice versa while a parent can have both legal and physical custody of a child, and both parents — although divorced or separated — can have both joint legal and physical custody of the child.

There are some factors the court considers while granting custody of a child; whether sole custody i.e custody to a parent or joint custody i.e custody to both parents.

The critical factor that the judge first puts into consideration before granting the custody of a child to any of the parents is what is referred to in law as ‘The best interest standard’. The court uses this best interest standard to determine what would be best for the child(ren). The child’s best interest comes first before that of the parents. What is best for the child is prioritised.

Although, it is inarguable that both parents definitely have good and genuine intention towards the child in question and definitely want what’s good for the child the judge applies the best interest standard where what the court feels will be the best for the child comes first and outweighs the interest of the parents.

In determining the child’s best interest, the court looks into these crucial factors which can be said are the essential factors that the judge considers in granting custody of a child and they include;

1. The court considers if there is confirmed evidence of domestic violence, domestic abuse, or neglect or negligence by either parent of the child? The court will definitely not going to grant custody of a child to a parent who is negligent, violent, or abusive.
2. The court weighs each parent’s ability to provide for the child’s physical needs, emotional wellness, and medical care. The court will not grant physical custody to a parent who is incapable of financially and physically catering to the needs of the child.
3. The court will also check the psychological effect the custody will have on the child. The court will ask themselves if the child is okay where he or she is currently is or if the child doesn’t mind a change in physical environment and custody?
4. The court will also consider the wishes of the child. The court will ask the child where he or she would like to stay or which of the parent would the child like to be with at the moment. This will only the done if the child is considered old enough to make his or her own decisions.
5. The court also considers the living conditions and accommodations of each parents’ home. The court is interested to know if the child will have his or her own room in a parent’s house and have a spacious and conducive environment for him or herself.
6. The court will also evaluate the mental and physical health of each parent and ascertain which of the parents is more mentally and physically fit to be granted custody of the child. The court is definitely not going to grant custody of a child to a mentally unstable parent or physically unfit parent.
7. The court will also consider the quality of the relationship the child enjoys with each parent. The court puts into consideration which of the parent does the child have a more cordial and loving relationship with. The court is more akin to granting custody of a child to a parent a child has a blossoming relationship with.

While these are some of the factors the court considers before granting custody of a child to a parent, there may be other extenuating factors the court will also look into in granting custody of a child to a parent depending on the peculiarity of each case.

Alieke (Esq) is a legal practitioner practicing in Abuja and can be reached via [email protected]