High asset divorces can be more challenging than others. When it comes to deciding which parent gets custody of the children, one may be wondering if the person who makes more money has a better chance of gaining custody. In general, this answer is no. The financial ability of each parent to care for the child is a factor, but there are other ones as well.
According to FindLaw, it is best if the parents can come to a custody agreement on their own, but the courts will make the decision if they are unable to. Judges typically view joint custody as a better situation because a child tends to fair better when able to develop relationships with both parents. There are exceptions, however, in situations of abuse or violence.
In the state of New Jersey, the grandparents are able to request visitation rights, regardless of the parent’s wishes. The judge bases this decision, as well as parental custody decisions, on what is in the best interests of the child.
According to the Child Welfare Information Gateway, there are certain principles that guide child custody decisions. Most judges consider it to be best for the child when routines and schedules remain as unchanged as possible. Thus, the courts often lean towards the current living situation, as long as the child is thriving.
Other main factors the judge considers in this decision include:
- Ability of each parent to provide for child’s financial and emotional needs
- Health of each parent
- Emotional and physical ties to parents, siblings and other family members
- The willingness of each parent to have the child to spend time with the other one
- Child’s age and specific needs
The state also takes into consideration the wants of the child if old and mature enough to understand what is happening.