When a couple divorces, child custody is often a main point of contention. If a decision cannot be made between the parents, the case will go to family court and they will need to rely on child custody lawyers to argue their case.

The parents of 1.5 million children divorce every year. The average age for couples to go through their first divorce is 30 years old, which means that if children are involved, they are usually quite young. All states in the U.S. use a "best interest of the child" standard to determine with whom the children will reside.

What Factors Will a Judge Consider in Making a Decision?
 

1. Age: Though times are changing and traditional gender roles are being questioned, some judges still believe that younger children should be with their mothers. This is especially true if the child is an infant who is still nursing.

 

2. Living situation: The judge will take residence into consideration. Often, the parent still residing in the family home has the upper hand because it would give the children a sense of stability. Relocating children is generally not preferred. The parent who is moving out does still have a chance depending on the location, proximity to family home, and safety of the new residence.

 

3. Cooperation: The judge will also consider your willingness to cooperate with your spouse, particularly when it involves the children. A parent who is clearly trying to alienate a child from their other parent will learn that the court doesn't look kindly on this type of interference.

 

4. Children's preference: The judge may want to talk to the children and hear their side of things, especially if the child is over the age of 12. In some states, courts are required to consider a kid's preference, but others do not believe in involving the children at all.

Between hiring divorce lawyers, completing divorce papers, finding child custody lawyers, and attending family law court, the experience is not an easy one for you, your spouse, or your kids. Relationships are the fourth most common cause of stress among adults in the United States, and that stress trickles down, potentially affecting children in a negative way. That is why it is so important to hire an experienced attorney to represent you.