What are the Factors a Judge May Consider in Deciding Custody?

There are several significant issues that a judge will consider before determining child custody. States in general follow a “best interest of the child” standard in disputed child custody cases. For the most part, this is a nebulous standard, something that refers to a judge's subjective beliefs on what is best for the kids. There are also a few other factors that a judge might consider.

The Child’s Age

There are still a few judges who believe in the doctrine of the “tender years”, although this has been out of fashion officially for a while. These judges believe that young kids ought to live with their own mothers, particularly if she is the primary caregiver. Your divorce lawyer will work with you on this.

Sometimes, a judge grants custody of the children to the parent who lives in the family house, as the children needs continuity and stability in their daily lives. At times, a parent who is awarded custody is also awarded the family house for this reason. So if you are currently living in your best friend’s guest room while fighting for custody, don’t expect to get primary custody of your kids.

How close your home to your spouse’s is can also be a deciding factor for the judge. In such a situation, the judge might grant a time-sharing plan, giving both parents sufficient time with the children. Other factors such as the location of the children’s school, their sports and social activities also matter and your divorce attorney will talk with you about this.

Parent’s Relationship with the Kids before the Divorce

Sometimes it so happens that a parent who failed to take much interest in the children’s lives shows a strong desire out of the blue to spend more time to spend with the kids when the marriage is about to end. In some cases, the desire can be sincere and genuine, with the judge willing to respect it, particularly when the parent was devoted to the child, during their period of separation.

In spite of this, the judge is bound to spend some time, in order to assess the parent’s sudden change of heart, to make sure that the request for custody is not being sought mainly to be a winner against the other parent. A solid divorce lawyer will help you see the error of this reasoning if this is what you are trying to accomplish. You will not outsmart one of the legal representatives on this supreme website (http://divorce.usattorneys.com/) in this manner.

Neglect or Abuse

Obviously, if the judge finds clear proof that one of the parents has neglected or abused the children, then he/she can restrict that parent from coming into contact with the kids.

In case of litigation over child custody and support, each and every situation can be different, so that the judge might consider other elements too while determining the child custody in your case. It is at this juncture that you will need the active service of a divorce lawyer.

This is because an experienced lawyer well versed in the many aspects of child custody law, can successfully guide you through the case, and work towards your goal of obtaining custody and reaching a fair settlement that will not hurt the children concerned in any way. Well, the children have been hurt no matter what from the beginning of the marriage falling by the wayside.

The Right Divorce Lawyer for You

No matter what, the children are and have been affected. It does not matter how congenial the judge is or how kind the process is to children, the children would rather be playing with their toys, with their friends, or watching their favorite movie. But the focus should be on the best interests of the children, there is no doubt about that. If you want a legal representative who is willing to fight for your children and you, press right here. Fighting for your marriage may be a lost cause but you should certainly fight for you children.