Common Factors Relevant to Custody Decisions

When negotiating child custody issues with your attorney,  keep in mind the factors that the judicial system takes into consideration:

  • age and sex of the child
  • needs of the child
  • desire each parent has to retain custody as well as the ability and resources needed to meet the demands and responsibilities
  • resource for primary support of the child
  • child's wishes (legal guidelines vary from state to state)
  • wishes of both parents
  • ability one parent possesses to encourage the child to maintain an on-going relationship with the other parent
  • child's ability to adjust to any change with respect to residence or school
  • stability of the atmosphere at home with respect to the residency of the child
  • positive advantages of the child retaining the residence where the family had traditionally lived
  • testimony of a neutral mediator or child evaluator
  • past record of abuse within the family