First, a threshold question: “What do judges look for in child custody cases?” The specifics vary from state to state, but typically, the key question courts consider when making decisions that impact children is: what would be in the best interest of the child.
There is no single definition of the “best interests of the child”, and the child custody laws in NY are different from child custody laws in Ohio and so forth.
You are viewing: What Can Be Used Against You In A Custody Battle
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But all fifty states and D.C. have statutes addressing the topic and instructing courts on what to consider. So whether considering whether to award joint or sole custody or deciding a visitation schedule, the family court judge will be focused on the child’s best interest.
“Best interests of the child” checklist
Remember, the specific laws vary by state, but here is a helpful checklist of things to keep in mind when considering the best interests of the child:
- The emotional ties and relationships between a child and their parents, siblings, or other family and household members
- The capacity for each parent to provide a safe home and basic necessities, including adequate food, clothing, medical care, and more
- The child’s mental and physical health needs
- The mental and physical health of the child’s parents
- Whether there has been domestic violence, including child abuse
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Statutes vary state by state, and every family’s circumstances are unique. But the key is to zoom out and consider what will be in the best interest of the child, as that is the lens through which a court will view the situation and make its decisions.
Why it matters
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Statutes vary state by state, and every family’s circumstances are unique. But the key is to zoom out and consider what will be in the best interest of the child, as that is the lens through which a court will view the situation and make its decisions.
We’ll cover some specific examples of things that can be used against you in a custody battle, but keep in mind that these are just examples of things that could influence a judge’s thinking as they evaluate whether you are a responsible parent and what is in the child’s best interest.
Source: https://t-tees.com
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