What The Judges Consider In Custody Cases

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Hi, my name is Charles Ullman. I get asked, what are the factors that judges consider in custody cases? There are five big factors that judges consider in custody cases. The first factor is the best interest of the minor child or children. The best interest of the minor child or children means the totality of circumstances.

How close does someone live to school? Do they have relatives in the area? How well does that parent get along with the child? How much does that child like that parent? How does the child respond to the parenting decisions that that parent makes? Does the child listen to the parent regarding school, social activities, discipline, learning, growing?

What's the overall environment in that person's home? Was the historical relationship between the child and that parent. The second thing that the court looks at is these parents ability to provide stability and care. So the court will look at as their stable employment that parent is there stable mental faculties for that parent?

Is there a stable pattern of parenting with that child in place? What is the home environment with that parent like overall? How well does that parent care for the child, for their educational well-being, for their social development, and for their medical care? The third factor is what is that child's relationship with the parent like how well do they get along?

How well do they respond to that parent when the child needs to learn about educational needs, social activities, and overall discipline and upbringing of the child? The fourth thing that courts look at is, is there a history of abuse or mental illness for that parent? So it is a parent. Have a history of struggling with alcohol or prescription pills.

Do they have a history of bad temperament, of yelling at the child? Do they have a bad history of not being able to get the child to take corrective action? The fifth factor is what weight, if any, does the court give the child's preference? The child's preference is given some weight in court. The weight of the testimony or child is dependent upon how mature the decision is and how well reasoned the decision is.

The more mature and well reasoned, the more weight it will carry in court. If you have questions about what will a judge consider important in my custody case, please feel free to give us a call or make contact with us through our website.