How Do Judges Prioritize the Best Interests of Children In Child Custody?

How do judges engage in a careful and thorough decision-making process when determining child custody, residency, and parenting plans? After all, judges are assigned hundreds, if not thousands, of cases involving divorces, parentage disputes, and protection orders. Is there an overlying principle by which judges are guided when considering and ruling on complex and sensitive issues to ensure the best possible outcome for the child?

We’ll answer these questions in just a bit. But first, it’s important to note that understanding custody can be confusing for many parents. There are many factors to learn when it comes to custody. However, a good starting point is that custody refers not to where the child lives but rather the responsibility of making decisions about the child’s "health, safety, and welfare." 

Judges typically prefer "joint custody," where both parents share this responsibility. However, in some situations such as when a parent is abusive or unfit to parent because of substance abuse, "sole custody" is granted, allowing one parent to make the decisions, explains Judge Paul Burmaster of the 10th Judicial District, Johnson County, Kansas District Court.

Regardless of the arrangement, the child's best interest remains the primary focus. To determine this, judges assess various factors, such as each parent's involvement in the child’s life, the child’s age, the wishes of a child, provided they are mature enough and physically able to express them, and the nature of the relationship between the parents, including any history of domestic violence.

In crafting parenting plans and determining residency, judges must also consider numerous elements outlined in state statutes. These elements often include the emotional and physical needs of the child, the child’s interactions with both parents and others, the parents’ ability to communicate and cooperate, evidence of domestic abuse, the child’s school location, and more. Depending on the specific case, some factors may carry more weight than others, says Judge Burmaster.

A critical aspect of this process is evaluating the parents' relationship history. Judges look at how involved each parent has been in the child's life, their roles, and the quality of their interactions. Stability is crucial for the child’s sense of security, but judges also acknowledge that parental roles and involvement may shift over time as circumstances change.

Judges also closely examine the parents’ ability to cooperate and co-parent effectively. A willingness to set aside personal differences for the child’s well-being is a significant factor. Cooperation between parents plays a vital role in the child’s emotional health and overall adjustment to the changes brought by divorce. Courts encourage parents to demonstrate a commitment to maintaining a healthy co-parenting relationship.

Any history of abuse or neglect from either parent is also carefully reviewed. Ensuring the child’s safety is a top priority, and any evidence of past abuse is scrutinized. Judges may also assess the living conditions provided by each parent to ensure that they offer a safe and stable environment for the child.

Additionally, the proximity of the parents’ residences can influence custody and parenting time decisions. If parents live close to each other, it is often easier to implement equal parenting time. However, when significant distance exists between homes, equal time may not be feasible, and the child will likely spend more time at the residence closer to their school and activities. The goal is always to minimize any further disruption to the child’s life, recognizing that divorce is already a destabilizing event.

Through careful consideration of all these factors, judges aim to create arrangements that prioritize the child’s stability, safety, and well-being.

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