Why Contest Your Divorce? - FAQ's

If child custody is a contested issue, what factors determine which parent should get custody?

Custody litigation can be lengthy and expensive.  A number of considerations are important in this determination.  A child aged twelve or older may file a written election as to which parent he wishes to be.

If either parent has substance abuse issues, this certainly mitigates against that person being the primary managing conservator.  All things being equal between the parents, the court may order a social study.  A social worker will be assigned to visit the homes of both parents and to interview them.  A report will then be issued to the court on the results.  The court will also appoint an attorney to represent the child to ensure that the child’s best interests are served.  Each party will be ordered to deposit a sum of money with this lawyer (called an amicus attorney) to cover the cost of his services.  A psychological or psychiatric evaluation may also be ordered. 

These are a few of the issues that the court or jury will evaluate in reaching a decision.  Each case turns on its own particular facts.

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