Are you about to go through a custody battle for your children during a divorce? If so, you may be wondering what factors a judge is going to look at when making a decision. Many people automatically assume that the mother will be the one that receives custody, but that is not always the case. Each state has statutes that list factors that the court will look at when determining custody. It's important that you look at each factor and how it applies to your case and that you show examples or have testimony to back up your points. This could help you win custody of your children during your divorce case.
Wishes Of The Child
It is possible that the judge will consider the wishes of the child when determining a custody arrangement. This will not be the sole factor that determines custody, but it can be a big one depending on how old your child is. An older child that has a desire to be with one parent is going to be factored much more into the decision than a younger child. This is not only because an older child will have fewer years remaining where their parent has legal custody but also because a young child may not realize what is best for them and make a thought-out decision. If a child is very young, it is possible that they will not even be asked what their wishes are.
History Of Domestic Violence In The Relationship
If your marriage is ending due to a history of domestic violence, that can be used to help win a custody battle. A judge is not going to want to put a child in a home with a parent that is abusive, whether it's to the children or their spouse. If there is a history of domestic violence, it is likely to happen again.
Relationships That Affect The Child
Does the child have a relationship with other family members that could be beneficial? For example, they may be really close with a certain parent's grandparents or with one parent's new significant other. If so, that relationship is also factored into a custody battle. Those people will end up being a larger part of the child's life based on which parent has custody, so it is logical that it becomes a factor that is considered.
Reach out to a child custody lawyer to learn more about child custody.