Child custody is a very sensitive subject and it needs to be handled very carefully. The life of your child is on the line. Here are some very important questions you need to be asking your divorce attorney if you are considering child custody.

How Is Child Custody Decided In Courts?

One of the most important questions which are asked in court is how is child custody decoded among the courts and jury? The court has a thorough look at the home life of the child in either parent’s house. They also look for abusive parents and when the child was inflicted with abuse. They also look at which parent has the best interests of his or her child. The normal sanitation condition is also looked at and then the court decides which parent gets custody of the child.

What Is The Difference Between Legal And Physical Custody?

There are two major types of custody. The first one is legal custody in which both parents have a say in the child’s life. This custody usually involves the religion the child will follow, what type of schooling will the child get, etc. As far as physical custody is concerned, it is a matter of where the child will live physically. It is usually one of the parent’s houses. This is decided by the court and whatever the court says goes in this regard.

How Is Child Support Different For Marriage And Single Parents?

If the mother is single and the father is not in the picture of the child, then she is the sole custodian of the child. She will provide everything to the child, from basic health care to education. If the parents are married and are on the brink of a divorce, then the custody battle goes to court and it is decided which parent is best suited for the child.

Usually, single parents in which the other spouse is not in the picture, don’t need to go to court for custody battles. It is decidedly their child and they can take care of the child as a single parental figure.

What Are The Best Interests Of The Child?

You might have heard of this a lot in courts. The best interests of the child are things that make the child’s life easy and don’t make their life a burden or give them any mental or physical stress. Things like basic health facilities, education, good behavior of the parent with the child, compassion, and love are the basic best interests of the child.

Finances are also considered in the best interest of the child. These things are looked at by courts and this is the basis on which the jury decides what parent should deserve the custody of the child.

Is A Lawyer Necessary?

If both parties are willing to give custody to one parent, then the situation is not turbulent and it can be settled without a lawyer. But if both partners are volatile and the other partner is trying to fight for custody, then you might need a child defense lawyer to help strengthen your case against your partner.

This can be quite expensive but it is necessary especially if the other party is a physical threat to the child’s or your life. Try to get a lawyer as soon as you decide that you want custody of the child.

Will The Parent Get Child Support?

The short answer is yes. But the amount is decided by the court in the end. The way courts decide the amount of child support is the education of the child and how much the parent or custody holder earns. This is a good average of how much child support is decided for the custody winner. It is usually decided after the decision is made and then the arrangements are made within a couple of weeks. Child support is an important part of a child’s life and upbringing.


There you have it! These questions are very important to ask and they will give a good base of things you need to look out for if you want this custody battle to be in your favor given that you have one of the best divorce lawyers Fairfax VA on your side.