Child Custody Agreements: Key Factors to Consider for Fair Outcomes

Are you wondering what goes into child custody cases?

Every year, thousands of parents try to determine child custody agreements. However…

A lot of parents don’t know what factors affect fair outcomes.

The sad thing is that 90% of child custody cases are settled outside of court, and it can cost you if you’re not armed with this information.

If you are starting the process or just need to update an existing child custody agreement, here is the information that the lawyers and mediators care about. Knowing these factors will give you an advantage.

What you will learn:

• The 3 Most Important Factors that Trump Everything Else
• Factors of Your Living Situation
• Financial Stabilities and Problems (Or Not)
• Communication Patterns and Their Effects
• Who Gets Custody When the Parent Abandons the Child
• Parenting Skills (Yours and Your Co-Parent’s)
• Parents with Criminal Histories
• Work Schedules and Availability
• Child’s Age and Developmental Stage
• Child’s Health and Special Needs (If Applicable)
• Documentation and Evidence

Your Child’s Best Interest Comes First

Did you know that courts don’t care about the bad stuff?

They don’t care who was “wronged” in the relationship. They don’t care if someone filed for divorce first. It doesn’t matter if one of you cheated on the other person.

Your child’s best interest is what matters. So everything that you do needs to support this.

When your child custody lawyers evaluate your case, they look at everything through one question:

“How does this benefit my client’s child?”

If you partner with child custody lawyers who know the Utah child custody laws, they will ask you a lot of questions, and your answers should relate back to how your child benefits. For example, if you’re working with a Utah child custody lawyer, they understand how Utah courts specifically interpret these important standards.

Smart parents know that this should be the focus.

Remember, the courts are the child’s “watchdog,” and their job is to see that their basic needs are met. When you understand this, your ex-partner won’t seem so scary or bad. It’s a relationship issue for you, but your child’s welfare is all the court cares about. It’s important to keep your eye on the ball.

Stability Trumps Everything Else

Judges and mediators are big on stability. They like kids who have the same daily routine each day.

Schools, social groups and daily eating and sleeping patterns are usually what they look for when they are analyzing if the child is in a stable environment.

What most parents don’t know is that it doesn’t have to be their current home. Sometimes stability means moving the child to a better school district or a neighborhood with fewer safety problems or one that is near the extended family.

Courts often like when kids live near their other parent so that both parents can remain active in their child’s life. In some cases, an active, paying parent takes priority over a parent who is absent or uninvolved. A key part of this is showing that your proposed custody agreement will benefit the child. So focus on that.

Your Living Situation is a Major Factor

Living situations can make or break your child custody case. However, they don’t always mean what you think.

The courts won’t care about how big your house is or the nice school your child attends. It’s more about if your home is safe for a child to live in and if you have a bed for your child.

School and extracurricular activity locations are also important.

For example, one mistake I see a lot of parents make is thinking that they have to purchase a house or home to get custody. However, a nice apartment in a good school district is better than a large house in a bad neighborhood.

Financial stability is better than financial advantage.

Money Doesn’t Mean as Much as You Think

It’s a myth that if you make more money, you will have more custody time with your child. Courts will see if you have the basic resources to provide your child with the things they need and if your income is stable.

They also want to see if your health insurance will cover your child’s needs and if you can afford emergency care.

Courts have heard every excuse from approximately 13 million custodial parents in the United States. They are aware that love and good parenting don’t require a six-figure income.

Ability to Communicate with Your Ex-Partner

Communication with your ex-partner matters a lot. The courts like when both parents can share information on the child, like doctor’s appointments, and deal with scheduling issues together.

Parents who talk to each other nicely and who don’t get hung up on adult problems that have no place in their co-parenting relationship get preferred.

Parenting ability trumps bad behavior.

Parents who speak poorly about their ex-partners and who try to keep their children away from them or their extended family hurt themselves.

If you make an effort to speak well about your ex, then your child custody lawyers will be able to note that in court. If you speak badly about them, not only does it affect your custody time but also the judges and court staff will turn against you and your case.

Work Schedules and Flexibility

Your work schedule directly affects the amount of custody time you can have with your child.

The courts like regular work schedules. The courts are also happy if you are available at key times, such as after school, in the evenings, and on weekends. They also like if you have flexibility to handle school events and emergencies and if you have high-quality childcare when you are working.

A parent who has a 9 to 5 job might have the edge over a parent who has a more erratic work schedule even if the second parent has more hours available.

The Age and Developmental Needs of Your Child

Different ages bring different concerns to the courts.

Younger children (under 5): Courts often prefer an arrangement that limits transitions and maintains the status quo with the primary caregiver.

School-aged children (5-12): Courts will focus on school stability and peer groups and ensuring that both parents have access to the child’s school and health information. Also, they want to ensure that both parents are actively involved with the child.

Teenagers: Courts are more likely to consider a child’s preferences in older children, but this varies by state.

Partner with a lawyer who has experience with these laws in Utah so that you get the best results.

Your Child’s Health and Special Needs (If Applicable)

Child health and special needs matter if your child has them.

Courts will look at:

• Each parent’s understanding of the condition and ability to manage medical needs
• Proximity to healthcare providers
• Specialized training or experience with the condition

Parents who understand their child’s needs and are actively involved in their care will get favorable consideration.

Documentation and Evidence are Key

Parents often underestimate the importance of documentation and evidence.

Good record keeping can win you your case. Make sure to keep records of:

• School meetings and communication with teachers
• Doctor appointments and health-related decisions
• Activities and time spent with the child
• Communication with your co-parent
• Any incidents that affect your child’s wellbeing

Courts are fact-driven, so the more evidence you can present, the better.

Seek Professional Assistance

While some parents try to navigate child custody agreements alone, working with a child custody lawyer is usually more successful.

Child custody lawyers understand the relevant factors for their jurisdiction and can help you make the strongest case possible. They also know how to handle the emotional aspects of the process while remaining focused on practical solutions.

Your ex-partner has a child custody lawyer, so you should too.

Conclusion

Child custody agreements work best when parents are educated on what truly matters to the courts and mediators.

Focus on the best interest of your child. Stability, safe living situations, the ability to provide for your child’s basic needs, and good communication with your ex are key.

Parents who focus on these factors and remain flexible and communicative with their co-parents typically achieve the fairest and most workable outcomes.