When it comes to any custody case, whether it is settled out of court or it is a case where a Child Custody Lawyer gets involved – the solution should always be in the best interest of the child. When speaking of the “best interests”, there are always factors which influence the ruling when it comes to what the “best” is for the child will depend on the following factors. These assist in reaching an appropriate solution.

This standard may be difficult to define; however, these are the points which you can consider before rushing to a conclusion:

  • If the child is old enough to express a reasonable preference, then the wishes of the child should be considered;
  • Cultural or religious considerations;
  • The need for the continuation of a stable home environment;
  • Adjustments to community and school;
  • Whether there are any special needs a child may have and how each parental unit handles and takes care of these needs;
  • The physical and mental needs of each parent;
  • Interrelationships and interactions with other household members;
  • Support and opportunity for extended family interaction;
  • Other children whose custody is relevant to this case;
  • The sex and age of the child;
  • Use of excessive discipline or emotional abuse;
  • Whether the home contains a pattern of domestic violence; and
  • If there is any evidence of parental alcohol, drug, or any form of abuse.

It is guaranteed that more than one factor will be taken into consideration when considering the well-being of a child. This list is a general one and there will certainly be others depending on the situation. Custody cases are never cut and dry, there are many aspects to consider and these are a few to give you an idea of what to think on.

The best way to work out all of these factors and even take others into consideration is to work side by side with a professional like an attorney who will help you and your partner come up with an amicable solution.

Are you looking for a child custody lawyer in Durban? We have a team of specialised family law attorneys who are equipped to help you with your needs. Contact Durban Law Offices on 031 836 0307 or email us at karen@durbanlawoffices.co.za so that one of our lawyers may assist you and/or provide you with advice.