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It’s natural for divorcing parents to be concerned about child custody. The courts weigh cases individually to reach the outcome that’s best for the child. The determination typically hinges on a complex analysis of several facts, rather than one single consideration. Here are a few that may influence the result. 

3 Factors That Affect Child Custody Proceedings

1. Each Party’s Living Situation

Parents seeking custody must be able to prove that they can provide a stable environment for their children. The home should be in good repair and free of hazards that could harm the child’s health. To minimize disruptions to the child’s life, the court may prioritize a parent who lives in the child’s current school district. The judge may also evaluate the members of the household. If one parent moved in with a new partner fairly soon after the split, for example, this might affect the judge’s decision. 

2. Each Party’s Relationship With the Children 

child custodySince the judge’s primary concern is the best interests of the children, their emotional connection with each parent will play a role in the proceedings. The judge will ask all kinds of questions to determine how close each parent is to the children and how active they are in their everyday lives. For example, which parent gets the kids ready for school in the morning, and who drives them to sports practice every afternoon? Likewise, who schedules their medical appointments and attends conferences with their teachers? Some judges also consider the child’s preferences if they believe it’s appropriate. 

3. Each Party’s Ability to Provide

If you earn considerably less than your ex, that won't necessarily hurt your chances of getting custody. Judges can implement child support arrangements to make up for income disparities. If you don't earn any money at all, though, the judge may ask why. While being a stay-at-home parent won't jeopardize your case, being unable to hold a job could. If you’ve been unable to maintain employment for years, the underlying reason why may affect the outcome of the proceedings. 

 

If you’re facing a child custody battle in Monroe County, turn to John D. Wieser, Esq., PC. Practicing out of Rochester, NY, this strategic attorney has been in the field since 2001. He’s well-versed in a variety of legal areas, including bankruptcy law, estate planning, criminal defense, and family law. To request a consultation, get in touch through his website or call (585) 328-0660.

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