If you are battling your ex over custody of your kids, then you may wonder what factors a judge considers when making such determinations. It's important to know that a judge doesn't just take into account a single factor, but instead, a combination of several different factors. While factors taken into account vary by judge or jurisdiction, they will likely consider how many kids each parent has as well as what their genders and ages are. How likely a child is to adjust to whatever arrangements are made will also impact the decision a judge makes.
A judge asks about the number of kids each parent has to ensure that you're prepared to offer your child unique, comfortable accommodations as opposed to shared ones. He or she takes into account the child and parent's gender because it's important to the court that each child has privacy to change clothes and use the restroom privately.
As far as your child's capacity to adjust is concerned, the judge presiding over your case will likely be focused on what's in the best interest of your child. He or she will take into account factors such as how changing neighborhoods or schools may impact your child's friendships or academic progress.
Judges are also likely to take into consideration the financial situation and living accommodations of each parent. He or she will likely learn more about the neighborhood each parent lives in as far as safety is concerned as well.
As far as financial circumstances are concerned, a judge will take into account both your current and future ability to afford costs necessary to provide your child with a comfortable life. He or she will likely take into account factors such as whether you are in a position to get a larger home for your child so that he or she can have his or her own independent space in the home.
A judge will also want to know about different types of crimes that are committed in your neighborhood and with what frequency. If a judge is concerned for your child's safety when staying overnight at your home, then he or she may award you visitation rights instead.
If you're looking to secure additional time with your son or daughter, then a Westerville child custody attorney can advise you of your rights in your case.
Source: Verywell Family, "How living accommodations impact child custody," Debrina Washington, accessed May 18, 2018