What Judges Will Look At During Custody Court Cases

Posted on: 6 January 2015

If you are involved in a custody battle, it is important to review how cases historically turn out compared to your current situation. The best interests of the children involved will come up as a strong binding factor in any custody case. Be sure to work with a family law attorney that can help you prepare to have a fair hearing. Here are four factors that can make or break a custody case that should be brought to the forefront when working with a divorce law attorney.

1. Household Stability

It may seem unfair, but household size and location can be a major factor when it comes to custody. If you are the parent that lives in a smaller home or a less than perfect neighborhood, the court will generally side with the more stable household if this is the only information they have to review. You will need to work with your lawyer and prove that your living situation is safe, and that spending time with you is beneficial to your child.

2. The Age of Children

When children are old enough to express their wishes, this can be heard in court and be weighed as a factor. If children are younger, the location and stability of parents will make difference in a judge's decision making process. If your case hasn't gone to court and you are on amicable terms, family law mediation through a family law attorney is a good start.

3. Discrepancy of Living Situations

If a child is currently in a stable environment and enrolled in school, changes to custody arrangements will be harder to come by. If a child is with their siblings or closer to other family members such as grandparents or other part-time caretakers, this can make a difference. Make sure to be prepared for this argument and come up with ways to make visitation not disrupt with school and schedules if this pertains to your situation.

4. Changes in Location

If a spouse is moving out of the country or even the county, this type of change will be a factor in custody. This can be beyond your control. If you have to move for a job or because of other factors, you may have to give up 50/50 custody and get creative with summer visitation and holidays.

Sometimes the odds seem to be stacked against you during a custody battle, working with a lawyer can bring out other merits to custody issues often seen as roadblocks. If you know that you might be up against some of these major factors, it is a good idea to review with your family law attorney ahead of time. For additional information, read more here.