Every U.S. state uses the same standard to decide how to settle custody disputes. That is, they use the standard of the best interest of the children. Of course, this can be fairly subjective. There is no doubt that different judges have their own ideas about what is in the best interest of any children involved in their cases. That's why most parents take the time to find the best family divorce attorney connecticut in order to make sure that their case is presented in a positive light.

How Old Are the Children? Even though it is a myth to believe that mothers are more legally protected than fathers when it comes to child custody, gender might play a role in the decisions about very young children. For example, it is pretty obvious that a nursing mother could make a strong case about why she needs to be the custodial parent. Besides that, many judges will sway toward awarding custody of young children to mothers if there is no overwhelming reason not to. Typically, children have to be age 12 or older for their own preferences to get considered in child custody decisions.

Continuity of Care Assuming that the parents have been separated, the parent who took on primary custodial duties in the past will have a better case if there are no great reasons to decide otherwise. If one parent stayed at home with the kids, that parent will have a better case than the other spouse who decided to use the time to gain spiritual awakening on a 12-month journey at sea. Typically, things are not that dramatic, but the judge will try to find out which spouse has been the primary caretaker in the past. Of course, the other parent will have a better case if he or she found living arrangements that were close enough to the family home to stay involved.

Abuse or Neglect Thankfully, most cases are tough for judges to decide because both parents strive to be good parents.

The judge may just have to make the best decision from two good choices. In these cases, custody might even be split between parents. However, if there has been any history of abuse or neglect, judges will limit parental contact.