In the midst of a custody battle?
You are in good company. One-quarter of all children under the age of 21 have a parent that lives outside of their household. That adds up to almost 22 million children that were growing up in fractured families.
The bright side?
You can increase your odds of coming out ahead by understanding what courts consider when awarding child custody. Forewarned is forearmed.
Let’s learn what judges care about:
- The “Best Interests” Standard
- Evaluating Your Relationship With Your Child
- Stability and Living Arrangements
- Parental Fitness: Are You Good Enough?
- The Minor’s Preference (Sometimes)
What Judges Actually Care About
Here’s a fun fact…
90% of custody cases never even go to trial. Negotiation or mediation is the typical outcome.
But what about the remaining 10%?
Judges step in to make custody decisions when parents cannot reach an agreement on their own. And contrary to what Hollywood would have you believe, they do not leave it up to chance.
There is a particular framework for how judges decide these life-altering matters. We’re going to break down the primary factors courts consider when awarding custody and discuss how you can present a compelling case to the judge.
If you have more questions about child custody or need further guidance on family law issues, a Salt Lake City child custody lawyer can help you understand how these factors apply to your unique circumstances.
The “Best Interests of the Child” Standard
Here’s what’s most important.
The “best interests of the child” standard is the guiding principle behind every custody decision the courts make.
In every single case.
The flexible standard is open to interpretation so that courts can tailor decisions to meet your child’s unique needs. It takes into account a number of factors that relate to the child’s physical safety, emotional wellbeing, and overall development.
The “best interests” factors are:
- the child’s health and safety needs
- emotional ties to each parent
- educational and special needs, and
- quality of life
It is a balancing test to determine where your child has the best opportunity to thrive. Courts will try to assess all of these factors in aggregate to arrive at the most appropriate custody arrangement for your child.
Your Relationship With Your Child Matters Most
Did you know?
Your history of engagement with your child carries significant weight in custody cases.
Judges look at your track record as a parent. How involved have you been in your child’s life? Do you attend school and extracurricular activities? Do you make important decisions for your child together with the other parent? Are you there for medical appointments?
Here’s the thing…
A parent that has not been a part of a child’s life pre-separation cannot expect to suddenly win custody. Courts want to see consistency and continuity.
Judges will also look at the quality of the emotional connection between a parent and child. A strong bond is an indication of a healthy relationship.
Brothers and sisters also factor into this assessment. The courts will generally try to keep siblings together.
Stability and Living Arrangements Count Big Time
Here’s a factor you should pay attention to.
Judges like the status quo.
Why? Because transitions are hard on kids and even harder during a divorce. Stability becomes an important goal for the courts, so they try to avoid unnecessary change.
This is why they will consider:
- the location of the parents’ residences and proximity to each other
- the child’s existing school and community ties
- the ability to maintain the child’s current schedule, and
- the quality of the parents’ living environments
Distance from each parent is a bigger factor than many people realize.
Parents who live far apart from one another will have difficulty sharing physical custody. Children need to have a degree of stability. They need to go to school. They need to be with their friends. They need to be children.
Judges will be disinclined to place children in a situation where they would be traveling back and forth between parents over significant distances.
Parental Fitness: Are You Good Enough?
This is a big one.
Judges must be satisfied that you can adequately care for your child. They will want to know you can meet your child’s physical and emotional needs. In addition to assessing the relationship you have with your child, courts will also consider factors such as:
- your physical and mental health
- your lifestyle and home environment
- your income and employment status, and
- your availability based on work schedule and obligations
But most importantly…
Courts are not just looking for the parent with the most money. A parent with lower income may win custody if they can provide a loving and stable home for the child.
Judges will also want to know if there are any serious red flags. A history of domestic violence, substance abuse, or criminal conduct may tip the scales against a parent. The court must be confident they can trust you with the care of the child.
The Minor’s Opinion (Sometimes)
You may be wondering…
Do children get to have a say in custody decisions?
Children’s preferences matter more and more as they get older. Judges are more likely to take into consideration the wishes of a mature teenager than a younger child.
Parents and judges may also communicate with children through a custody evaluator. This is a third-party that the court appoints to assess the family situation and make recommendations to the court.
But keep in mind…
A child’s stated preference is just one factor among many that the court will consider. They do not give kids a choice. Custody decisions are about finding what is in the child’s best interests even if the child does not like it.
Very young children almost never have a say in these matters. Judges make custody decisions based on developmental needs at younger ages.
Your Ability to Co-Parent Is Critical
Judges want to know one thing…
Can you work with your former spouse?
Parenting coordination is far more important than most people realize. The court will strongly prefer custody arrangements that keep both parents involved. To make joint parenting work, you must be able to:
- communicate respectfully
- put your child’s needs above your own
- be flexible with scheduling, and
- support your child’s relationship with the other parent
The truth is…
Judges will frown on behavior that actively undermines the other parent’s visitation. Spreading negative messages about the other parent to your child will not endear you to the judge.
Parents who facilitate and encourage a strong relationship with the other parent gain serious advantage in custody decisions.
Wrapping It All Together
Custody decisions only have one goal in mind.
Judges will do their best to determine what is in the best interests of the child.
They will consider a number of factors to do so, including:
- your relationship with your child
- your fitness as a parent
- your ability to provide stability
- your living arrangements, and
- your ability to co-parent successfully
If you are aware of these factors, you are already better off. By understanding the priorities for the court, you will be in a position to build a strong argument for why you should be awarded custody.
But don’t forget…
Every situation is unique.
These factors may be given different weight in your case than they are in someone else’s. As always, your specific circumstances will matter the most. The issue in your custody case is what is in the best interest of your child, not other children.
On a positive note, only 4% of custody cases go to trial. Most of the time, parents are able to resolve matters through negotiation or mediation.
The best advice is to demonstrate to the judge you are a capable, involved parent who puts the needs of your child first. Show the court that you can provide stability in your child’s life, that you will maintain a strong relationship with your child, and that you can cooperate with the other parent.
That is the formula for success in any custody decision.