How Family History Affects Custody

When you are in the divorce court deciding on custody issues, certain factors of your family history may affect your case. The court will want to know all about your family history, and will probably ask your ex-spouse's lawyer to divulge any information about you that he or she can. You can also do the same for your ex-spouse if you believe that he or she would not be a good caretaker for the children. For example, if your ex-spouse comes from a long-line of alcoholics, and has a tendency to drink too much, the court will take this into account when deciding custody for the children.

A judge will also look to see if staying with one parent would jeopardize the children's safety in anyway. For example, if one parent is a chain smoker, the court may decide that the second-hand smoke is a danger to the children's little lungs, and may favor the other parent for custody. Also, if one parent is involved in a very dangerous occupation where the safety of the family may be jeopardized, this may discourage the court from choosing that parent as primary custodian.

The court will also look at each spouse's financial means. Admittedly, the court will often apportion spousal support and child support to a parent who doesn't have the money so this will not be a significant deciding factor. However, the court will look at how both parents spend their money. The court will also look at the condition of and maintenance of the household. If one parent lives in a very disorganized, messy, and maybe even dangerous home, then this parent may be passed over because of the untidiness. If you want to learn more, you can talk to a Los Angeles divorce attorney at Claery & Hammond today!