Saturday, December 13, 2014

What are the main factors regarding a decision in custody?

Q: My husband and I have a 3 yr old. I have custody of a child from prior relationship and my husband has 2 kids from his 1st & 2nd marriage but the do not live with him. 
What are the most important factors that a judge will decide upon when making a custody decision? Our child has been living with me but he is only 2 1/2. My husband sees him tonight's a week and every other weekend Saturday overnight to Sunday.

A: David's Answer: The Judge will generally consider the stability of the child's current arrangement, each parent's home environment and financial ability to meet the child's needs, any arrangements to care for the child when the parent is unavailable, who has been the primary caretaker for the child in the years (or months) leading up to the custody filing, any drug/alcohol use by either parent, the mental & physical health of the parties, adverse sexual misconduct of either parent, domestic violence, as well as the child's preferences. The court will also assess each parent's willingness to foster a relationship between the other parent and the child, any denial of access to the child, as well as any abuse or neglect of the child. Finally, the Judge will assess the parties conduct as the case is proceeding, including conduct both in and out of the courtroom. -- David Bliven, Child Custody attorney (

1 comment:

  1. Thank you for this information. I'm going through a divorce and my husband is being really difficult. He is threatening to file for full custody of our children. I'm thinking of hiring a child custody lawyer to represent me.

    Susan Hirst |