When parents separate, it’s often the child who bears an unnecessary burden of emotional weight. This is why a judge needs to be highly sensitive towards the child’s well-being when deciding their ruling in child custody cases.
Because of this, one of the most commonly asked questions during divorce proceedings is, “What do judges look for in child custody cases?” It’s important to keep in mind that it’s the judge’s ethical and professional duty to make their ruling based on what they believe is best for the well-being of the child, and will base their decision on certain parental and familial criteria.
A few of the major components that a judge will consider in child custody cases are the child’s age, background, characteristics, and preferences. They will also take into account the parents themselves, along with their personal and professional histories, criminal records (if any), employment, and standing within their community.
The judge will consider all of these factors when presiding over a child custody case, so that they can be sure that the child is provided with a chance to grow up in a healthy and safe environment after the divorce. A good divorce lawyer is able to also provide guidance here.
Child’s age
Depending on the child’s age, they will need a certain amount of care and dedication given by both parents, but particularly the parent that gains custody. Very young children and infants who need more hands-on care will often be given to the parent who has been the child’s primary caregiver up until the divorce. The court will take into consideration the emotional bond between the child and their parents and in some cases, the court will also listen to the child’s wishes if they are at an age where they can articulate them clearly.
Consistency
During child custody cases, the court will keep in mind consistency and stability as well. This means that the child’s routine should be organized on a daily and weekly basis. This includes access to other family members, school, extracurricular activities, and peaceful living arrangements. A family court will always try to maintain a child’s regular routine as much as possible so as not to disrupt them in order to maintain some semblance of normality for the child during their parent’s separation.
Parent’s eligibility
Parent’s need to prove in a number of different ways that they are eligible to take care of their child. This begins with basic, physical needs such as providing clothing, shelter, and food, as well as emotional support, education, and medical care. The court will also take into account the parents’ mental and physical health and well-being.
Safety
The court will always emphasize that safety is the number one priority of the child. If the judge finds out that the child’s security and stability might be compromised in a new environment with one of the parents, the court will promptly deny that parent custody. The court will take into consideration whether either parent has a criminal record so that they can be absolutely sure that the child will not be in harm’s way in their new living situation.
Agreeing on child custody between both the parties
Child custody can be a tedious and often overwhelming process both for the parents as well as the child. That’s why it’s always ideal when the ex-spouses come to a mutual and peaceful agreement. This should be done keeping in mind the child’s best interest and accommodating them so that both parents can provide adequate care for the child.
If both ex-partners are able to reach an agreement, they should get it documented in writing so that it can be presented to the court. Keep in mind, however, that such an agreement may or may not be accepted by the court, as the ultimate decision will depend on the judge’s ruling.
If the parents want to make the agreement fully legal, they’ll need to speak with a solicitor and ask them to draft up the document. It must be ensured that the agreement copy has all the details discussed by the two parties so that it can be presented in front of the court. A court fee will have to be paid if the agreement is to be approved by the court and legally recognized.
Does child preference count?
In some cases, yes, but ultimately it will be the judge who will decide what’s best for the child. The judge will ask a child about their parental preferences and personal desires. If the child is mature enough, then the court might accept the child’s request for custody with a specific parent. Some courts don’t offer this option, as the act of choosing one parent over another can cause extreme stress to the child.
What documents to show the judge?
When it comes to winning a child custody case, both parents should strive to demonstrate that they have the child’s best interest at heart and they are fully capable of taking care of their child’s needs. They should show they have always been actively present in their child’s lives and they will keep taking care of the child in the future.
It’s best to provide all supporting documents in order to support a custody case as strongly as possible. The more documentation a parent has, the more they are demonstrating to the court that they have been actively taking part in parenting decisions and nurturing the child to the best of their abilities.
The judge will likely want the child to continue living as similar to their normal daily life , before their parents’ separation as possible. That means that if living with one parent will allow the child to attend the same school or live in the same neighborhood, that parent will be in a better position for being given full custody.
In most cases however, even if one parent is given sole physical custody of the child, the other parent will be given the right to visitation. As always, this depends on the divorce situation at hand and the discretion of the court.
Conclusion
Listed above are all the major factors that help the family court decide which parent the child should be with after a divorce. It must always be kept in mind that the child has to endure an upheaval and many changes as well, including a potentially lengthy divorce proceeding. Much of this the child won’t understand, especially if they are too young.
That’s why the judge will always make the custody decision based on what they believe is best for the child. So if parents want the same, they should be prepared to demonstrate that they will take full responsibility for the child’s life, well-being, and future.