When divorcing parents can’t peacefully negotiate a child custody arrangement, you may have no choice but to let a judge make these crucial decisions. In every state, family law requires courts to make custody arrangements based solely on the child’s best interests, which typically requires weighing a wide range of variables. Here are a few factors that can influence a judge’s decision in your custody case.

5 Elements That Can Determine Child Custody

1. Existing Relationships

The courts understand that divorce is a destabilizing experience for any child, so judges will usually try to preserve their existing relationships as much as possible. In addition to the strength of a child’s bond with each parent, they may also ask about their relationships with siblings, friends, and classmates.

2. Allegations of Domestic Violence

The primary responsibility of a family law judge is to ensure children are living in a safe environment free of violence or abuse. Even if past allegations didn’t result in a criminal conviction, they may influence a court’s decision if the accusations seem credible.

3. Living Situations

During the hearing, the judge may ask each parent where they live and what accommodations they can offer. A parent who lives in a house with enough room for all the children is more likely to get primary custody than one who shares a small apartment with roommates in an unsafe area.

4. Physical & Mental Health

Parents suffering from serious illnesses or mental health issues may not be physically able to adequately care for their children. If either parents’ health is a concern, the judge may ask about their medical condition, daily capabilities, and any treatments they’re receiving.

5. The Child’s Wishes

Family law in many states requires judges to consider the wishes of children who have reached a certain age. In Washington State, the court may weigh a child’s preference if they’re mature enough to make a responsible choice.
 

Child custody disputes can be stressful and overwhelming, especially when you and the other parent can’t agree. For over 50 years, John Rorem has helped Gig Harbor, WA, parents protect themselves and their families with detailed advice and effective legal representation. Visit their website for more on their family law services, get more tips and insight on Facebook, or call (253) 858-5358 to schedule a consultation today.