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How Living Conditions Impact Child Custody

On Behalf of | Jan 18, 2019 | Divorce |


The living condition of the parents plays a key role in custody decisions. The judge will award custody and visitation based on the living conditions of the parent. The acceptable standard will depend on the current living standards of the child. The judge will consider several factors when deciding on the custody of the child. It’s important to ensure that you work with the best family lawyer for the best outcome. In this article, we tell you how the living conditions will affect the child custody case.

Factors that Judge Will Consider when Granting custody

  • Age and Gender of the Child

The judge expects that a child will get privacy especially if the child is of the opposite sex. If the noncustodial parent is of the opposite sex, the judge will expect the parent to provide the child with a bedroom or a private place where they can dress. An older child will need more space than a younger, and it’s important to ensure that you provide the space. The parent with enough accommodation has a higher chance of winning the case. If however, you don’t have a huge house make sure the family lawyer can explain to the judge your unique position.

  • Number of Children

The judge will consider the number of children when determining the most appropriate parent to live with the kids. If you have many children, the judge will expect that you have more space where the children can live and if you don’t have enough space to accommodate all the children then the case may go the other way. It’s important you work with a family lawyer who is an expert in child custody. The judge will also consider whether the children are from the same parents and the living arrangement with the other parents.

  • The circumstance of the Parent

The judge will consider the age of the parent and their financial ability. It’s important to do the best to portray a good image. Make sure that you provide the child support lawyer with all the documentation to show your financial ability.

  • Child Adjusting Ability

If a child is used to large spaces, the child may find it difficult to live in small spaces and may take a long time to adjust to the new living environment. The judge will consider how the child will be affected by such a move before making a decision.

The judge will also consider the child’s happiness while making the judgment.

  • Safety of the Child

Before deciding on where the child will live the judge will ensure that the child is safe. If the judge feels the child is not safe at home or in the neighbor, then that will result in custody being awarded to the other parent. The judge may also limit the visiting hours if the safety of the child is not guaranteed. Make sure that where you live safety statistics are not horrific. The rate of crime in an area will affect the custody decision.

  • The Parents Relationship with Children

The judge will look out for the interest of the children. If you don’t relate well with the children that may result in the other parent winning the custody case. It’s important to ensure that you have a working relationship with the children. Make sure that your children are comfortable living with you.

  • Distance from social amenities

If your house is far from the school where the kids attend school, then that may result in child custody going to the other parent. In case the other parent lives near the school the judge will consider the welfare of the children. It will be tiring for the children to travel miles to and from school each day. The judge will take into consideration the distance the children will cover daily.

The consideration the judge will make will depend on the above, and it’s imperative to ensure that the living conditions are up to the expected standard. Do your best to ensure that the children will be comfortable in your home. Work with the child support lawyer on how to ensure the living environment is comfortable for your children. The lawyer will guide you on what you should expect during the child custody case and ensure that you win the case.