What A Judge Looks at In A Custody Battle

custody2If you’re getting started with a child custody case, then you might be a little overwhelmed and nervous for the things that are to follow. What makes custody cases so difficult is that such a big portion of your life and that of a child you love, is in the hands of a stranger. When you’re looking out for the future of your children, you will make your best effort to have a lawyer that can defend you and follow through with the results that you are seeking, but it also helps to be fully aware of what a judge is going to be looking at.

Underlying Factors in Every Custody Case

While every case may not be the same, there are certain factors that judges will look over in order to provide your child with the best suited custody option, in their eyes. While there are plenty of incidental and emotional reasons that children belong with one parent or the other, in the courtroom, the judge is simply looking at options. Rather than be blindsided by the areas that the judge touches on, read on to see what factors all judges are looking deeper into as they determine which individual will gain custody of these children.


Age is something that will inevitably be considered when a judge is looking at your custody case. In the last couple of years, the ages that are looked at heavily have however changed. In the past, children who were in their “tender years” were believed to thrive more if they lived with their parents. Now, a judge will see which parent is better fit to provide what a child of that age needs.

Living Situations

In order for a child to live a healthy and comfortable life they need to have the supplies and space. When a judge looks at the housing situations of each parent they will be considering the amount of space that each parent has to offer the child, what types of amenities they have and are lacking, and who is owning the home. During this time, they may also consider who winds up in the original home, because studies have shown that children do better with these types of transitions when they’re in a stable home, or in this case, the home that they’ve grown up in.

custodyCooperation Levels

While it may not always be able to cooperate with your spouse, your ability to do so is surely something that a judge will look at. The way that you interact with and about your spouse will also be noted in regards to who is better fit for having full custody of the children. If you are levelheaded with scheduling, communicating and the overall situation in regards to your spouse, then you will likely be looked at as someone that could make the situation work in a manner that is fair to all parties, which is something the judge will find value in.

There are a few other things that judges look at when they work through custody cases, and we’re going to cover those in our blog that is coming up in the next couple of days. Make sure that you stay up to date so that you can ensure that you are always prepared for what types of things could come up in a child custody case. As always, make sure to call the trusted team at ADLI Law and work with a knowledgeable member of our team today. When you work with us you can guarantee that we will do our past  to provide you with all of the support and defense that you need to get the settlement you deserve.