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What Do Judges Consider In Child Custody Cases?

Law Blog

If you're going through a divorce, the added pressure of a custody battle can take a toll on you. It's hard enough trying to deal with the fallout of your marriage, let alone worrying about who gets custody of your children.

If your custody case is already in court, you need to know what the judge will consider when making their decision. If you understand what goes into their decision-making process, you'll be in a better position to present your case.

Find out more about the factors judges consider in child custody cases in this post.

Your Ability to Provide Child Care

In many custody cases, judges typically consider your child's best interest first. The court is likely to consider which parent can offer the child a safe and caring environment. They will assess the parents' health, lifestyle, and financial stability.

A judge may assess your mental health to determine whether or not you're in the right state of mind to care for your child. If there is evidence that you cannot properly care for the child due to your mental health issues, you may be at a disadvantage.

Keep in mind that a judge usually awards custody to the parent who can provide the child with a stable environment. As such, the parent with the most stable income and housing often gets a more favorable outcome. 

The Parent-Child Relationship

A judge will consider the bond between you and your child before they give their verdict. In fact, the court basically looks at which parent has been more involved in the child's life.

Some of the things a judge considers include:

  • The amount of time you spend with your child
  • The quality of your parenting time

Oftentimes, if you've been the child's primary caretaker, you may have an advantage here. If you can prove that your spouse has been absent or doesn't have a meaningful relationship with your child, you may have a chance at winning the custody battle.

The Parent's Willingness to Cooperate

In some cases, the court will consider the parents' willingness to work together for the sake of the child. This factor is often considered when both parents want custody.

The judge is likely to look at how well you and your spouse communicate with each other. They might also consider whether or not you're willing to put your differences aside for the sake of the children.

If your spouse refuses to adhere to a parenting plan, your lawyer can prove their unwillingness to cooperate. The court may grant you custody if your lawyer presents solid evidence to prove indifference from your spouse. 

For more information, reach out to a child support attorney near you.

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9 March 2022