What Does A Judge Consider When Determining Child Custody?
Are you about to go through a custody battle with your spouse to determine who your child will be with? If so, the decisions will ultimately come down to what a judge decides is best for the child. Here are a few factors that a judge will consider when they determine custody arrangements.
The Child's Wishes
It is common for a judge to ask what a child's preference is when it comes to which parent has primary custody. However, they will not use the child's wishes as the only factor of consideration. It really depends on how old the child is and if they are mature enough to make a decision on their own. It may help to know the wishes of a young child, as well as any additional information they can provide about previous living situations.
The Child's Health
Does your child have special needs that require additional care that a typical child does not need? This can sway which parent is given custody if one parent is naturally the better fit. For example, a parent may have a more flexible work schedule that allows them to accommodate their child's needs better or simply be more experienced in their case up until this point in their life.
The History Of Abuse Or Neglect
Any parent that has a history of abuse or neglect toward their child will have that considered in a custody hearing. If a parent has done it in the past, then they are likely to do it in the future, and the other parent may be a better fit as a result.
The Willingness To Cooperate
A judge can get a good idea during a custody hearing about which parent will be more willing to cooperate with visitation. This is definitely taken into consideration, with the judge not wanting a parent that is unwilling to cooperate to be the one that is in charge of this important part of child custody. A judge may select the more willing parent, which is due to them being more likely to allow their child to visit the other parent according to the agreed upon terms.
The Extended Family
The extended family of both parents will also be considered, especially when it comes to who is nearby and can contribute to supporting the child. Having local aunts, uncles, and grandparents that are willing and able to provide additional help will contribute to a child's support system, giving them a more stable life.
Contact a child custody lawyer to learn more.
