If you are either going through a divorce or you’re worried about how visitation and custody will be handled with your children by the courts, you need to understand how judges decide visitation and custody.  While there are some black and white factors the judge will consider when deciding custody, the area is gray in nature and leaves plenty of room for argument as to which parent is in the best position to parent the child.

The “Best Interests of the Child Standard”

The judge must decide custody based on the “best interests of the child.”  This is a multi-factor test the judge will view to determine who the better parent is to the child.  While this is not meant to be an exhaustive list, the factors include:

  • Who has parented the child in the past and for the longest period of time
  • The parent’s work-life balance
  • The parent’s ability to financially provide for their child
  • Any family or close friends who can help parent the child
  • The home life the parent provides the child

For example, if one parent travels a great deal for work and is not home to parent the

child, most judges would not award primary custody to this parent since they are unable to parent the child as consistently.  On the other hand, if one parent has never worked and does not have gainful employment and the other parent does, this factor will weigh favorably for the working parent.  

There is no bright-line rule that will give the judge an overwhelming reason to award custody or visitation to one parent or the other.  Rather, the judge will have to balance a number of varying factors to come to a conclusion.

The Parenting Plan

The parenting plan is the single most important document that will determine custody and visitation of your child.  It is required in every case involving custody or visitation.  This document is detailed, long, and exhaustive.  It requires you to consider every aspect of parenting your child or children, from when the child will be picked up from school and dropped off, to where the child will spend summers and holidays.  

There are also tax issues to consider regarding the parenting plan.  This is because whoever is considered the primary parent, which will be detailed in the parenting plan document, will be awarded a tax credit for their child that will be filed on that year’s taxes.  

It is important to complete this document as carefully as possible and give serious thought to how it is completed since this will be the governing plan for your child or children.