Child Custody: How Do Judges Decide Who Gets Custody of the Kids?

One of the most worrisome aspects of divorce is the question of who will get the kids. This is a major factor that tends to complicate divorces, since each person usually wants full or joint custody. If your fear is that you will not see your child after divorce, you should find out what the judge usually looks at to determine child custody. It may also soothe your fears to see what the judge will likely ignore when making this decision.

Which Parent Has the Best Chance of Child Custody?

When it comes to kids, everyone involved in the case needs to be looking out for the child’s best interests. For this reason, in most cases, the person who is typically with the child has a good chance of getting custody. So if you are considered the primary caregiver, you are likely to get custody after divorce.

Of course, some other details will be considered. You need to be able to continue to provide a loving and safe atmosphere for the child. In addition, you should make sure you are allowing the other parent to see the child, as long as you are not concerned for the child’s safety in the care of your former spouse. Most judges like to see parents cooperating with each other to take care of the kids, so you may give a positive impression to the judge when you try to make sure your child gets to spend time with the other parent.

What Details Threaten Your Chances of Child Custody?

In general, if your former spouse can prove that it is not in the best interests of the child to stay in your custody, your chance of child custody is slim. That’s why you need a lawyer’s help to prove that you are more than capable of caring for your child, especially if you have any negative marks on your record.

For example, if your physical or mental health would prevent you from providing a safe, loving place for a child to grow up, your chance at child custody may be reduced. In addition, if you work 70 hours a week and would rarely see the child due to your work schedule, the parent with more time may have a better chance at getting custody.

Finally, if you have a history of abusing drugs or alcohol, or have a criminal record, you will need some help from a professional to increase your chances of getting child custody. However, if you have been clean and stayed out of trouble for years, and your past troubles would not affect your ability to raise your child, the judge will likely not take your history into consideration.

As long as you show a desire to provide a safe, loving environment for your child, you still have a shot at getting custody after divorce. You just need to find a reputable divorce lawyer who has experience with custody cases. As soon as you provide all the details surrounding your case, you can get started on getting custody of your child after divorce.