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Common Factors Relevant to Custody Decisions

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

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

Return to the Child Custody Page