Brandy Austin Law Firm PLLC
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Child Custody Attorney

Every parent who has shared children with their ex, is probably going to go through some kind of battle over custody. Parents who are getting prepared for the approaching child custody hearing, may want to know what they can do to showcase they are the most suitable parent to raise their child. The overall factor that a judge is likely to consider, is what is in the best interest of the child. A parent who wants to implement some strategy for their custody battle, can consult with an attorney in their area who has experience representing such cases.

Q: What if the other parent decides he or she doesn’t want custody?

A: While rare, it is possible that one parent decides they aren’t going to fight for custody of the child. This choice may not be due to lack of caring or commitment, but perhaps they are going through a financially turbulent time and acknowledge they won’t be able to support the child’s needs. In this type of situation, the court is likely to award custody to the other parent, as long as they are still a suitable candidate with no history of abuse or neglect.

Q: What factors is the court going to use to evaluate who is the most fit parent?

A: When getting ready for the court hearing, a parent may desperately want to know what is most important to emphasize to the judge to show they are the best parent to have custody. While every judge is different and the laws for child custody can vary by state, there are general factors that tend to have the most influence in the verdict:

  • • The wishes of each parent
  • • The income level of each parent
  • • The type and condition of home the child will live in
  • • Whether the child will have to share a room
  • • How the child’s social activity, education, and hobbies will be impacted
  • • The travel distance between each parent’s home (if joint custody were awarded, whether is it reasonable to transport child between homes)
  • • The dynamic between each parent and child
  • • The willingness of parents to cooperate with the other if custody were to be shared
  • • The willingness of each parent to facilitate the other parent’s relationship with the child, if he or she was chosen for sole custody
  • • The capacity of parents to provide a loving home environment, that is stable and consistent


Q: What if my former partner was violent during our relationship?

A: Parents who have endured violence, abuse, or neglect from the other parent must speak up during the hearing and let the judge know about these incidents. It is in the best interest of the child to be protected from mistreatment. If this is the case, inform your child custody attorney Tampa, FL trusts who can help you gather evidence to back up your claims about abuse. The court may not take your word for it at surface level, and may ask for proof. It can help your side if you are already prepared with such evidence.  

Thanks to The McKinney Law Group for their insight into family law and how to prepare for a child custody battle.