Issues That Arise in a Divorce Relating to Child Custody

With the divorce rate being higher than ever, it is not unusual for a marriage to end when there are children involved. Having kids makes the divorce even more complicated as both parents will be vying for custody. The children are also affected by the divorce and certain issues will arise that everyone who is involved should expect.

Personal Life and Past

• When you are going through a divorce and the issue of child custody is present, you may have to be prepared to fight to get your kids. Keep in mind that certain topics may be brought into the proceedings. This could involve your everyday life, your job and other issues regarding your personal life. If your past has been less than savory, especially if you have a criminal history, you might find yourself in a situation where you are trying to retain your good name to have custody of your children. This is a typical situation to expect if the breakup of your marriage is less than amicable.

Best Interests of the Child

• One thing to always remember is that when you are fighting for child custody during a divorce, the most important thing is to have the best interests of the child at heart. The parent who is deemed as the more stable in terms of employment is usually the one who gains primary custody of the children as they will better be able to financially provide for them. The courts will also take into consideration the child’s living quarters and schooling. Many kids end up staying in the home in which they grew up with the parent who remains in the residence as this may be a more stable environment.

Child Neglect or Abuse

• If there has ever been an issue of child abuse or neglect in either parent, this will be scrutinized during the divorce and heavily examined in determining who gains custody of the children. All children deserve to be raised in an environment in which they can live a healthy and happy life.

Parents’ Health

• Health of the parents is heavily taken into consideration when determining child custody during a divorce. This can include a substance abuse problem or a physical or mental illness. In some states, there are laws that lead to a denial of custody if a parent has a mental illness. With this in mind, any parent who suffers from a mental illness that can be effectively treated with medication should consider seeking treatment.


Remember that settling child custody matters quickly and amicably is in the best interest of your kids. You need to fight for your rights as a parent but always be mindful of the effects of the divorce on your children.


Guest Post was provided by Arizona Child Custody Lawyer, David Cantor. The Cantor Law Group is an AV rated law firm in Phoenix, AZ. The Cantor Law Group is made up of divorce attorneys in Phoenix that handle all aspects of family law.




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