Custody battle? This is what the court considers. Sharpen your swords!

Ever wonder what the courts take into consideration during a custody battle? Of course they take into consideration the testimony of each parent and their reasons of how that by simple assumption she or he automatically would have the child’s best interests in mind. Additionally however, the criteria includes information from outside the home and outside the legal system as well. Most notably, information is needed from psychologists, educators (teachers and counselors), health personnel, and other behavioral scientists. You should never enter a custody battle without a battle plan tailored to both your offensive and defensive plans. If you expect your marital war to play a part in your custody battle that needs consideration. If child support, or lack thereof, is a mitigating factor in the motion for custody or in your defense, it’s important to note and plan for that as well.

The criterion for custody is largely a state by state issue so the following list cannot be looked upon for specificity, but by all means, the following criteria will be evaluated. So get your pads out and get ready to make notes to yourself and start getting your business in order.

• Love and affection between parent and child
• Emotional ties between parent and child
• Capacity of parent to give child guidance
• Capacity of parent to continue educating and raising the child in its religion or creed, if any.
• Capacity of parent to provide food
• Capacity of parent to provide clothing
• Capacity of parent to provide medical care
• Capacity of parent to provide remedial care
• Capacity of parent to provide other material needs
• Length of time lived in an emotionally or psychologically stable, satisfactory environment and the desirability of
maintaining continuity.
• Permanence of proposed custodial home (geographical stability)
• Moral fitness of parent
• Mental health of parent
• Physical health of parent
• Home record of child
• School record of child
• Community record of child
• Child’s preference for parent (if court deems child sufficient in age)

Simone Spence owns Child Support Solutions, LLC, an organization that teaches parents to collect child support arrears without an attorney.  The author of “1-800-Deadbeat” and “Deadbeats, What Responsible Parents Need to know about Collecting Child Support”. Simone can be reached at 888-390-1950 or  Connect:  Facebook or Twitter.


  1. Herb T says:

    Ms. Spence is a vessel full of knowledge and information. Her long founded wisdom on child support issues truly shows that she’s an expert in her field.

  2. Patrica says:

    I love this blog…custody battles…when I divorced my husband the child was not biologically his but for the sake of the child he is 12 years old and all my son knows up to two years ago is my ex-husband as his daddy because his sperm donor left him to be fatherless but my ex-husband step in so I did not cause any custody battles. I ask my son who did he prefer to stay with and he said Dad, and then when he decided for middle school it would be better to move from MS to FL I accepted, but for holidays my son which is 12 now, goes and spends time with my ex-husband. It was enough pain to divorce, I did not want to make matters worse…I said all of this think about the children don’t be so selfish…You can be separated or divorce but do what’s best for the children. Happy Holidays to all…

    Children First,


  3. Ed says:

    I wish this blog was around when I was getting my divorce. You cover so many of the issues that I was struggling with. Keep up the good work!

  4. Kevin says:

    I Second what Ed just said… How I wish I had this blog when I went through my messy divorce. Thanks for the great work you are doing.

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