When going through a divorce or separation, the question of who will receive custody of the children is always at the forefront of the parties’ minds. Most people assume that the judge will make a ruling based solely on what is “fair”. However, what is “fair” can vary drastically from case to case, making it difficult to predict what a judge may decide. This article will explain the factors that judges consider when making a custody decision.
Best Interests of the Child
When deciding custody cases, judges in every state must look at the “best interests of the child” standard. The “best interests of the child” is a legal term used to describe the philosophy that courts use when making decisions about custody and parenting time. The “best interests of the child” standard means that the court must decide what is best for the child, not necessarily what is best for the parents.
Factors Considered by Judges
There are several factors that a judge will consider when deciding custody. The list of factors can vary from state to state, however, some factors remain constant. These factors include the child’s age, the child’s relationship with each parent, the child’s medical needs, the stability of each parent’s home and lifestyle, the child’s preference (if the child is old enough to voice an opinion), the ability of each parent to provide for the child’s physical, emotional and educational needs, the involvement of each parent in the child’s life, and any history of domestic abuse or substance abuse.
Child’s Age
The age of the child can impact how a judge will decide custody. Generally, younger children need more stability and routine, which favors the custodial parent in most cases. For older kids, judges may consider their input on where they would like to live and with whom – typically after the age of 12 years old.
Relationship with Each Parent
Judges will also consider the relationship a child has with each parent. If a child has been the primary caregiver for one of the parents, the judge will consider this factor. For instance, if the child stayed at home with the mom, the judge may find it best for the child to stay with the mom. This is true even in states that have 50/50 parenting split laws because, to a judge, what is best for the child trumps equality and generality.
Child’s Medical Needs
If a child has medical needs, this can impact the judge’s decision about custody. If one parent is more equipped to provide medical care, the judge may award custody to that parent.
Stability of Each Parent’s Home and Lifestyle
Judges will also look at the stability of each parent’s home and lifestyle. If one parent has a job that requires frequent travel and moves frequently while the other parent has a stable job and lives in the same home, this could be a factor in the judge’s decision.
Child’s Preference
In some states, judges may consider the child’s preference when making a custody determination. This is typically only done for children who are old enough to articulate a preference.
Ability to Provide for Child
The court will also consider the ability of each parent to provide for the child’s physical, emotional, and educational needs. This could include financial support as well as emotional support.
Involvement of Each Parent
Judges will also look for evidence showing the level of involvement of each parent in the child’s life. This could include involvement in school functions, extracurricular activities, and the child’s healthcare.
History of Domestic Abuse or Substance Abuse
Finally, judges will always consider whether either parent has a history of domestic abuse or substance abuse. These issues often factor heavily into a judge’s decision about custody, even if the abuse has not occurred in the presence of the child or was a long time ago.
Conclusion
Judges consider several factors when deciding child custody. While what’s considered is often a gut feeling on what’s best for the child, the above-discussed factors are intended to guide judges. Knowing what a judge may consider when making a custody determination can help parents better understand what they will need to show to have the best chance of success in their case.
Mullett Dove & Bradley Family Law is committed to helping families obtain the best possible outcome in custody cases. If you are going through a custody dispute, we can help. Contact us today to schedule a consultation.
