Judges consider living accommodations when deciding child custody

Sometimes, a parent in Illinois will object to children staying at their other parent’s home due to inadequate living accommodations. A child custody dispute could end up in family court where a judge will examine the situation and decide the issue. Although judges have some leeway when deciding individual cases, they will evaluate a parent’s living accommodations, according to basic guidelines.

The gender and age of a child could influence a decision especially if the child is the opposite sex of the parent. A judge might want to ensure that an opposite-sex child has a private area for dressing, sleeping and using a bathroom. Age could become a factor because a judge might believe that an older child needs more room than a very young one. Available living space also matters when a parent needs to accommodate multiple children. A judge may or may not accept an arrangement that requires children to share a bedroom or sleep on a couch.

A parent’s financial situation could concern a judge if a child accustomed to an affluent environment would be staying in a modest house or apartment. The safety of a neighborhood might also present an issue. A violent location or proximity to a registered sex offender could interfere with what a judge considers to be the child’s best interests.

Someone who wants joint custody or visitation might enlist the services of an attorney before attending a custody hearing. An attorney could advise the parent about any issues that a judge might disapprove of and recommend strategies for gaining approval. Legal counsel could organize documentation about the parent’s financial ability to provide and desire to maintain a close relationship with a child. Effective communication by an attorney might convince a judge to make a fair decision.