Is child custody determined differently in high net worth divorce cases?
Family Law specialists with over 59 years of experience.
No. Child custody in a high net worth divorce is determined using the same “best interest of the child” standard that is used in all custody cases. Under this analysis, a judge considers many factors, including:
- Each parent’s wishes
- The child’s wishes, if the judge has interviewed the child in chambers
- How the child interacts with the parents
- The health of each parent and the child
- Whether either parent has been convicted of child abuse or neglect
- Whether a parent has failed to make child support payments
- Which parent is more likely to facilitate parenting time as ordered by the court
- Whether either parent has tried to deny visitation with the other parent
- The child’s adjustment to the community, school, and home
- Whether either parent intends to make a home outside of Ohio
As you can see, the court does not consider either parent’s financial resources or assets when considering child custody. So a wealthy parent does not get a leg up on the other parent simply by virtue of having more income.
Instead, a court will look at whether the child is thriving and what might benefit the child. For example, the child might currently be living with the mother. If the child has adjusted well to school and home, and if the mother encourages the child to have a relationship with the father, then a judge might award the mother custody.
By contrast, if the child has behavioral problems in school and if the mother is neglectful, then the father has a strong argument for obtaining custody.
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