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  • September 19th, 2023

What are some of the factors that judges consider when determining child custody issues?

When parents who are in the process of separating or divorcing cannot reach an agreement regarding visitation or parenting time, the judge typically makes a decision based on various factors, always with the child’s best interests in mind. These factors include:

  • The mental and physical health of each parent.
  • The duration of time the child has resided in their current home.
  • The moral fitness of each parent.
  • The willingness of each parent to communicate and cooperate with the other, including keeping them informed about the child’s activities and fostering a strong relationship between the child and the other parent.
  • The ability of each parent to prioritize the child’s needs over their own desires.
  • The child’s history in terms of their home, school, and community.
  • Each parent’s capability to meet the child’s developmental needs.
  • The ability of each parent to establish a consistent and regular routine for the child, including meals, bedtime, and homework.
  • Whether there is any evidence of drug use, violence, neglect, or abuse in either parent’s home.
  • Depending on the child’s level of intelligence and maturity, their preference regarding which parent they would like to live with may also be considered.

Ultimately, the judge’s decision is guided by these factors to ensure that the child’s well-being and best interests are the primary focus during this challenging time.

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