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Child custody is often the most emotionally charged issue in a divorce, which can make finding common ground difficult. If a mutually satisfactory solution can’t be found, you may need an attorney to argue your case in family court. Understanding how judges reach decisions in custody cases can help you achieve the best possible outcome. Here’s what you should know.

What Do Courts Consider in Child Custody Cases?

1. The Child’s Existing Relationships

Judges try to provide as much stability to the child as possible. When deciding where they’ll live, the court will likely weigh the strength of their existing relationships with siblings, friends, and other family members. They may also ask which parent spends the most time with the child and provides more daily care.

2. Each Parent’s Living Situation

attorneyA judge’s primary responsibility is ensuring that the child has a safe, appropriate living environment. Parents who live in a single-family home with enough bedrooms for each child will likely receive more parenting time than one who shares a small apartment with roommates.

3. The Health of the Parents

Courts may also ask questions to find out if either parent is physically or mentally unable to appropriately care for their children. If you’re living with a disability or mental health issue, your attorney may have to show that you’re receiving treatment from a healthcare professional.

4. Allegations of Domestic Abuse

The courts take allegations of abuse in the home very seriously, even if neither parent was charged. If the judge finds these accusations credible, they may give one parent full custody and order supervised visitation for the other.

 

If you’re going through a divorce, John E. Bach Attorney at Law will be your advocate through every step of the process. This law firm has been serving Goshen, NY parents for over 30 years, providing reliable legal service in even the most difficult circumstances. For an overview of their family law services, visit their website, or call (845) 294-7941 to speak with an attorney today.

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