Whether you are seeking custody in the context of divorce or not, determining who gets custody of your children can be very emotional. It is very important for the parties to keep in mind what the best interest of the children is when making decisions. The court looks to facts that we in the family law arena call the Holley factors. These factors came from case law in the case of Holley v. Adams. This case does a careful analysis of what is in the best interest of the child.
The Holley Factors involve the court taking into consideration the following when making custody decisions:
1. The desires of the child
2. The emotional and physical needs of the child now and in the future
3. The emotional and physical danger to the child now and in the future
4. The parental abilities of the individuals seeking custody
5. The programs available to assist these individuals to promote the best interest of the child
6. The plans for the child by these individuals or by the agency seeking custody
7. The stability of the home or proposed placement
8. The acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one
9. Any excuse for the acts or omission of a parent
If you are seeking custody of your child it is important that you are an active part in your child’s life. If you have been an absent parent, it will be difficult to obtain primary custody of your child. Custody battles are hard on everyone, but particularly your children. If you and the other parent of your child are not able to work out an agreement regarding custody arrangements, you should do everything you can to ensure that all decisions are made in the best interest of your child or children. If you have any questions regarding custody arrangements, contact the Recalde Law Firm, at 1-855-687-9903 to schedule your consultation.