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The Law Office of Long, Murphy & Zung, P.A. commits itself to providing unparalleled legal services in the practice of matrimonial and family law. To that end, our firm is inexorably committed to the highest ethical standards in amicably and equitably resolving family law disputes so that the welfare of the client, the family and society are enhanced.

Factors that can impact your ability to gain child custody

When it comes to a judge making child custody decisions, we often hear that they make decisions that they believe will be in the best interest of the child. It's important to note that there are some factors, surrounding that parent's living arrangements, that will greatly impact where they're allowed to ultimately live as well.

If the child's mom or dad is not an ideal individual for the child to live with, then it's common for a grandparent to step in and request to take custody of a child.

When such a claim is filed, though, the judge will often consider the age, health and financial ability of the grandparent to take care of the child. If the grandparent is in poor health, of an advanced age or on a fixed income, then these may deter a judge from awarding custody to them.

Another factor that a judge may weigh before awarding custody to one parent over another is how safe the neighborhood is where each one lives. If he or she believes that the neighborhood may pose some type of safety risk to the child, whether it's because there are a lot of sex offenders in the area or a high murder rate, then they may deny a custody request.

In cases like this, the judge may allow the parent to retain some rights to overnight visitation with their child, but restrict the frequency of those instances.

A judge may also condition his or her custody decision on what the gender of the petitioning parent is versus what the child's is. If the parent requesting custody can't provide ample private space where his or her opposite gender child can enjoy time alone to get dressed, then his or her custody petition may be denied.

This same type of logic applies when it comes to the child's age or the number of kids each may have. If a parent is unable to provide adequate housing that allows starkly differently aged kids to be housed in separate areas of the home, then it's likely that their custody request may be denied.

If you're considering requesting custody of your kids and you want to gain a better understanding as to your chances that a judge will rule in your favor, then a Naples custody litigation attorney can advise you in your case.

Source: The Spruce, "Child custody and living accommodations for single parents," Debrina Washington, accessed Nov. 03, 2017

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