What does a judge look at when in a custody battle for children?

Question

what things does a judge look at when choosing if the children should stay where they have been for 3 years. or go to their mother who they want to . its a 4 and 5 year old.

money? living situation? work? child care ? etc pleas explain.

Answer 1

When I divorced my husband ( ex) .. The judge took into account the stable home and support I had from family, financial situation, employment, the fact that he was an alcoholic and I do not drink. The fact he did nothing for his children and I did everything.  

Good Luck

Answer 2

it matters if you are talking an ORIGINAL decision, or if mom is petitioning for a CHANGE of custody.  BIG difference, in fact. The question here is going to be why the children were with the other parent to begin with, and what has CHANGED to make it different. In fact, mom may have to prove that they are not doing well where they are, since judges don't always want to destabilize kids if they have been in one place. Of course, that is probably on top of the old standard "best interests" thing.  Money is NOT supposed to be the important thing. Love, attention, stable, patient, support system.  Unless the other parent is KNOWN AND PROVEN as harmful, will mom promote a good relationship with the other parent? Abide by visitation, etc?  If other parent is trash...it is hard to be absolute proving that, without letting hatred in the way.

My personal view, I have an EXTREMELY vehement anger against kids not being with the mother, unless there is complete and total proof of her being dangerous.  Here is my reason.. children, especially this age, DO and SHOULD love mommy without question. It has to be very cold hearted to keep them from that, if they do love mom and she can take care of them. Last thing in the world is kids who are put into the middle or think they need to choose mom or dad.

And understand also.. no bias in this statement.  I don't know if you are mom or dad (or grandparent).  I just know a grandparent who destroyed a family, for nothing more than selfishness.  

Answer 3

I work as an intern at a family court and they look at everything.  There are no set standards as to what the judge feels is important.  Anything that is said in court is looked at, it is how much the judge thinks it matters which is important, and this varies with every judge.  It is completely up to the lawyers and clients what comes out in court.  If the opposing party wants to bring up something, they have the right to do it.  Every skeleton will come out and effect the custody case.  The best thing you can do, if your children do want to live with you, is have them testify as to where they want to live.  Remember, there are no restrictions as to what comes out so be careful.