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What factors may be considered when determining custody?

One of the most difficult issues to resolve when going through a divorce is that of child custody. When your marriage does not work out and you make the hard decision to end the relationship, children are often caught in the crossfire. If you decide to undergo a traditional court divorce, the judge presiding over the case will often consider several factors before determining the type of custody arrangement will work best for the situation.

First, the judge may look at the ages of the children and whether or not they are in school. If you have children who are not yet in school, the schedule may be more versatile than parents who have school-aged children, who may do best in a more stable living situation. The judge may also look at each parent’s job and how much time they are able to spend with the children. Another key factor is the relationship between you and your children, as well as your mental health and physical health history.

One of the most important factors a judge may consider involves looking at which parent provided the greatest amount of care to the children during the marriage. In a situation where a working mother left the father to stay at home with the children may spur the judge to give sole-physical custody to the father. Judges have a responsibility to keep the child’s best interests in mind at all times. This includes looking at which parent will provide the most loving and emotionally stable environment for the child.

This information is intended to educate and should not be taken as legal advice.

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