Legal Professionals of Hirsch & Ehlenberger

What are the factors that judges have to consider in custody cases?

On Behalf of | Mar 11, 2021 | Divorce

When you and your spouse made the decision to divorce, you thought that they would be reasonable about their requests and in how they acted. Unfortunately, they have not been as kind and respectful as you’d hoped, and they’re focused on having as much time with your kids as possible without considering your needs.

When custody disputes occur, it’s normal to want to fight back in an aggressive manner. However, you may want to consider mediating to work through the issues. If that won’t work and you do have to go to trial, you should know what a judge will consider.

What does a judge look for when settling a custody case?

A judge wants to look at a number of factors such as:

  • How old your child is (and their preferences if they’re old enough to make a statement)
  • The basic needs of the child
  • The mental condition, age and physical health of either parent
  • The history of domestic or family abuse in the home
  • Each parent’s relationship with the child

After looking at these factors and the requests made by yourself and your spouse, your judge will rule on the custody case. Keep in mind that a judge’s decision is normally final, and it can be difficult to modify what they’ve decided on without significant changes in your circumstances. That’s why many people do their best to settle their custody issues outside court. Once you take your custody concerns to court, they’re left in the hands of the judge, whatever they may rule.

What can you do to make the best case in court?

If you want to make the best case for yourself in court, you can ask witnesses to testify or provide statements for you about your positive parenting. You should bring evidence to support any claims you’re making against your spouse as well. Your attorney will give you more information on what to bring, how to act and even how to look, so you make the best impression and provide the information that the judge needs to make a decision that is, hopefully, in your favor.


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