Who Gets Custody of a Child? 

When deciding who gets custody of a child, there are a variety of factors that courts consider. These factors include the parent’s ability to provide a stable home and foster the relationship between the child and the other parent. In many cases, the primary caregiver of the child is awarded custody. In other cases, the parent who can provide continuity in the child’s schooling, neighborhood life, and religious life is favoured.

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Joint custody 

Joint custody of a child is a term that can refer to both joint physical and legal custody of a child. However, it can also refer to a combination of the two. If a parent wishes to have joint custody of a child, they must consult a family law attorney to get the details. 

If both parents agree on the parenting plan, joint custody is likely to be awarded. However, if the parents cannot communicate with each other or are extremely hostile toward one another, a court may not order joint custody. In such cases, the child’s best interests will be considered. 

Tender years doctrine 

The tender years doctrine is a legal concept that was once common in family law. It was deemed to be unconstitutional in the 20th century and was gradually replaced by the “best interests of the child” doctrine. The change came about as a result of a number of constitutional concerns and changes in attitudes. However, the doctrine still has its advocates. For example, Family Law commentator Ramsay Klaff argues that the doctrine protects children better than the “best interests” test. Furthermore, the doctrine preserves role choices that were made during the marriage. 

The principle behind the tender years doctrine originated in Britain, but it was quickly adopted by other nations, including the United States. In 1873, it was extended to include children older than four. The doctrine wasn’t adopted in the United States until the 19th century, but in most areas of the world it still exists. 

Religious views 

The religious views of parents are often a deciding factor in a custody battle. For instance, the religious views of a parent who threatens to burn the child in hell are less likely to win custody than those of a parent who respects the child’s religion and tries to influence him or her. 

A court will view religious disputes on a case-by-case basis, and will consider the impact on the child if the religious upbringing of a parent is impacted. The court will consider this more important than the parents’ personal preferences. 


In some states, disability can affect who gets custody of a child. This means that if one parent is incapable of taking care of the child due to an illness or disability, the other parent may get custody instead. In such a case, the disabled parent will have to prove that he or she is capable of taking care of the child in the future. The other parent will also need to provide evidence to show that the disabled parent should not get custody. A court will look at all factors that could harm the child’s welfare, and it will try to make the best possible decision for the child. 

Some parents have successfully won custody of their children despite their disabilities. However, parents who are disabled and cannot work face a higher risk of losing custody. Because of this, attorneys should screen each client for disability and make sure they understand what the law says about it. They can ask questions such as whether the client receives SSI or SSDI, if they have trouble reading or doing math, and if they have taken any medications for depression.