At Simonetti & Associates, our team understands the difficulties a divorce can bring. When children are thrown into the mix, it can just make matters more complicated. As a parent, getting a favorable custody agreement is undoubtedly on the top of your mind. If you believe your spouse is unfit to be a parent, our Suffolk County family lawyer will work to create a case that proves that fact.
How Is Custody Decided?When the court is deciding upon a custody agreement, they will always do so entirely based on what they believe is in the best interest of the child. This decision can leave both parents with joint custody, or have one parent be awarded sole custody. The below factors will be taken into account when coming to a custody decision:
- The physical and mental stability of both parents
- Work schedules an income
- Which parent can better meet the child’s or children’s travel needs for education and social purposes?
- Current housing situations and environment
- In some cases, the preference of the eldest child
- Additional factors
What Makes A Parent UnfitTrying to analyze each spouse’s ability to function as a parent will play a major role in the court’s custody decision. If you believe harm would be caused to your child if your spouse received custody, our Suffolk County family lawyer can help stop this from happening. He’ll work to gather evidence that points to them being an unfit parent, which include:
- An extensive criminal record
- History of drug or alcohol addiction or abuse
- Instances of physical, sexual, or emotional abuse aimed at the child