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Do your living arrangements have any impact on your custodial rights?

| Apr 5, 2021 | family law

Most family law judges aim to ensure children get to spend as close to equal time with both parents, which makes joint custody the preferred option.

The primary responsibility that judges have in child custody cases is to make choices that they believe are in your child’s best interests, though. The family law judge presiding over your case may want to know more about your living accommodations in deciding what’s the best option for your child. 

Living arrangements are an important part of custody

Your child’s gender and age may impact which living quarters the court finds acceptable for them. A judge will generally expect a child to have their own room, bathroom or private place to get dressed. The court may also, naturally, expect you to afford your teen more privacy than their younger sibling.

The number of children you have may also impact what living arrangement choices a judge deems to be appropriate. The court may be more understanding of your children sharing a room or bathroom if you have multiple kids.  A judge may also weigh a parent’s age or financial circumstances when deciding what custodial situation suits the kids. 

The court may also account for a child’s unique temperament and ability to adjust to varying circumstances when making custodial decisions. For example, a child with autism may have a harder time adjusting to changes in their living situation than others or require special accommodations. 

How safe a parent’s home is, the rate in the neighborhood and who shares or frequents the house could also have consequences for the court’s decision. 

What to know if you’re seeking increased visitation or custodial rights

In short: If you’re setting up a new residence after your divorce and you want custody, make sure that you have space for your child and a suitable living situation.

You must understand the various factors that the court will consider if you’re going through a child custody battle or dispute. An attorney can help illuminate the positive aspects of your case so you can gain a better perspective on the outcome to expect in your case.