Factors that Impact a Judge’s Decision on Child Custody

Factors that Impact a Judge’s Decision on Child Custody

Child custody is the top issue of concern for many spouses going through the divorce process. However, in a contested divorce/child custody case the judge will ultimately have the final say on who’s going to receive custody. Therefore, it’s important to determine factors that could impact a court’s decision on child custody.

What is best for your kids? The more you can agree on, the better. I can help you come up with a great plan. You know your family better than the judge.

Common Influencers in Child Custody

1.Best Interest of the Child

The best interest of the child has the most significant influence on a judge’s child custody decision. If one parent is unfit to care for a child, then the judge will ultimately give custody to the other parent. If both parents are unfit for their parental duties, then the judge will take the child out of the situation (through guardianship or by making the child a warden of the state).

2.The Age of the Child

The age of the child can impact a judge’s decision. If the child is older (and therefore has roots in a certain location), the judge may decide to keep the child in the custody of the parent who remains in the vicinity of the child’s school or work life.

3.The Health of the Child

If the child has a sickness or other detrimental condition, the state may decide to give custody to the parent who has more time to take care of the child.

4.Emotional Connection Between Parents and Children

Judges can use relationship statuses of parents and children to determine custody arrangements. For example, if a mother and daughter have a special bond, a court will consider this when determining custody.

5.History of Family Violence or Substance Abuse

A judge will review each of the parent’s history of family violence and substance abuse before determining child custody arrangements. Therefore, a criminal conviction for driving while under the influence (DUI) or assault against a family member could impact your custody scenario. A problem with drugs or alcohol will certainly be substantial factors. I’m seeing more and more cases with moms having these issues.

Get the Representation You Need

While a judge will ultimately decide your child custody outcome in a contested divorce, a compassionate child custody attorney can help you make your case. With decades of family law experience, our firm is the right fit for your child custody needs!

Call (619) 304-8499 now for a free consultation concerning your case!

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