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Child custody is one of the most contested issues of a divorce involving kids. If both parents want to spend as much time with their children as possible, it can be difficult to agree on an arrangement. When the court steps in to decide, the ruling will determine what’s in the best interests of the kids. Although factors can vary between states and among judges, the following considerations tend to apply in most cases.

5 Factors Judges Consider When Awarding Child Custody 

1. Ability to Provide Continuity & Stability 

The courts don’t like to disrupt the lives of children any more than is necessary. As such, they tend to look favorably on parents who can provide a consistent and stable living environment. They will also consider which parent was the primary caregiver in the marriage and how custody will impact the children’s connections to their school and community. 

2. Willingness to Nurture a Relationship With the Other Child 

Judges usually believe it’s best when both parents are involved in their children’s lives. As such, they look at how cooperative each spouse is willing to be with a parenting schedule. If there is any indication an individual is trying to alienate their kids from the other parent, it may hurt the outcome of their case.  

3. Each Parent’s Physical & Mental Health 

child custodyAlthough courts are not allowed to hold a parent’s disability against them when deciding a custody case, it is reasonable to evaluate whether they are in good enough physical and mental condition to properly care for their kids. If one parent suffers from an issue that would endanger the minors, a judge may be reluctant to award them primary custody.  

4. Child’s Preference

In cases where children are old enough to express their preferences, the judge may factor this into their decision. Typically, this will be a good indication of what the kid’s relationship is like with each parent. The older and more mature a minor is, the higher the chances their wishes will matter to the court. 

5. History of Abuse or Addiction 

If there is evidence to show a parent has had problems with domestic violence or substance abuse, the court will take this into consideration as well. To keep kids out of a hostile living environment, a judge may limit the parent’s contact with them and order supervised visitation. 

 

If you are going through a child custody battle, it’s helpful to know how a judge will determine the arrangement. For counsel from an attorney with extensive experience handling such cases, turn to the Law Offices of Robert B. Liotta, Esq. He provides the necessary support and guidance to effectively navigate these complex legal issues. Attorney Liotta protects the parental rights of residents in Lower Burrell, PA, helping them get the results they’re looking for. Call (724) 334-9870 to schedule a consultation, or visit online to learn more about the family law services he offers.

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