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Factors That Are Considered When Deciding the Custody of Children

Divorces can be sloppy, and there are a lot of legal things that have to be worked through.  The most difficult subject during a divorce, though, is child custody.  This is a hard time for your children as well, so you should consider the best interest of your children throughout the process.  During the custody battle, a judge will consider certain factors to determine who gets custody.  This article introduces some of the factors that are considered.  (Related topics: divorce mediation attorneys, divorce meditation attorneys near me)

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Relationship with Children

One factor that is considered is the relationship that each parent has with the children.  If one of the parents has more of an emotional tie with them, it may be more comfortable for the children to live with them.


Primary Caretaker

Aside from emotional ties, it is also taken into consideration which parent takes the most care of the children.  This includes getting them ready in the morning, cooking for them, bathing them, and more.


Age of the Children

Although it’s a little outdated, some judges will want the children to go with the mother when they are young.  While this isn’t the absolute deciding factor, it could be a component in deciding who gets custody of the children.


Parent’s Living Situation

If you want custody of the children, make sure that your house reflects that.  If you’re sleeping on the couch at your friend’s house, or you’re renting a one room apartment, it may not be favorable conditions for your children.  It is also better if you are living somewhere that is located close to their school, social and sports activities, and the other parent’s house.


Children’s Preference

If your children are around 12 years old or older, then the court may consider what they want.  Some states require to consider the kids’ views, while others don’t, so it may be considered depending on where you live.

All of these things are considered by the judge, and should also be considered by you and your partner to determine what is best for your children.  If you want to avoid the hassle of fighting in court, there are custody mediators that can help you throughout the process.  Child custody mediation aims to help parents resolve any disagreements, while writing a custody plan.