Primary Factors That Help Judges Determine Child Custody

father and kid
2022-05-01 0 Comments

When a couple goes through a divorce, determining child custody is one of the most difficult decisions they will have to make. It can be hard to agree on what is best for the child, and the courts are often left to decide. Judges must take into account many factors when determining, and this article will outline some of the most important ones.

Any Confirmed Evidence of Domestic Violence

argumentOne of the first and most important factors a judge will look at is any confirmed evidence of domestic violence. This can be in the form of a police report, medical records, or testimony from witnesses. If there is any evidence that one parent is abusive, it will likely significantly impact the custody decision. The child’s best interests are always the top priority, and a judge will do everything possible to ensure that the child is safe.

The Relationship Between the Child and Each Parent

Another critical factor is the relationship between the child and each parent. If the child has a strong bond with one parent, it will also be considered. Judges will also look at which parent is more likely to provide a stable and loving home. They will also look at the child’s age, health, and any special needs they may have. On top of that, if one parent lives far away, that will also be taken into account.

Each Parent’s Ability to Provide the Child’s Needs

When making a custody decision, the judge will examine each parent’s ability to provide for the child’s needs. They will consider housing, income, and whether or not each parent has a stable job. They will also look at the child’s medical needs and which parent is more likely to be able to provide for them. The judge will also consider each parent’s mental health and substance abuse issues.

The Child’s Wishes

child custodyIn some cases, the child may have a preference as to which parent they would like to live with. It is usually only considered if the child is old enough to understand the situation and make an informed decision. The judge will also examine the child’s relationship with each parent and whether or not they have any special needs.

Ultimately, the judge will decide based on what they believe is in the child’s best interests. They will consider all the different factors and make a decision that they believe is best for the child’s future. Also, if you are going through a divorce and have questions about child custody, it is crucial to speak with an experienced divorce attorney. They can answer any questions you have and help protect your rights.