• The decision of a judge in a custody case can determine the future of a child.child image by Renata Osinska from Fotolia.com
  
  It is estimated that about half of all marriages in the United States will end in separation or divorce. Whatever the reason for the marriage ending, couples with a child will then need to decide who will gain custody of the child. Judges in custody cases will determine the fate of any child involved. So if you are trying to control your own fate in a custody case, remember some key factors that judges will consider when deciding any case.
  
  

Requests

• Many times, parents will agree on sole or joint custody of the child involved. The judge will often consider these wishes, as well as the wishes of the child. Most times, parents are seeking to do what is best for the child involved, and the child will express his own preference for parental custody.
  
  Remember, though, that if judge sees that the wishes of the child or of his parents appear to work against the best interests of the child and his future, the judge is not bound to adhere to any of the expressed wishes.
  
  

Emotional Attachment

• The judge must consider a number of factors that will effect the child's emotional health. He will examine the relationships between the child and each parent. If there are other children involved, the judge will consider the impact that could result from separating siblings.
  
  Judges will also examine the child's role in home, school and community. If a child is well established in a certain area and one parent is moving away, deciding custody can affect a child's success in academics, extracurricular activities and social development. Often, a judge will award custody to a parent who is remaining in the current home or neighborhood of the child, in order to maintain a semblance of normalcy for the child.
  
  Along these same lines, judges will observe the capability and willingness of each parent to encourage a relationship between the child and the other parent. With the exception of bad parenting history, judges will often encourage cooperation between the parents to raise the child. If one parent seems unwilling to cooperate with the other, the judge will often rule in favor of the cooperative parent, or for joint custody.
  
  

Health

• Judges will evaluate the mental and physical health of everyone involved in the case, including both parents and all of the children. In most cases, previous mental health treatment is not admissible, but each parent will undergo psychiatric tests to be sure they are fit to raise a child.
  
  Similarly, physical health could help determine who gets custody of the child. A parent will not be given custody of a child if she is physically incapable of providing for the child's physical and emotional needs.
  
  The atmospheric health of each parent's lifestyle will also be taken into account. Any physical violence in a parent's past or present can prevent winning a custody battle. Even if the violence was not committed toward the child, and was not even committed in the child's presence, a history of violence can ruin a parent's chance at custody; the judge will do everything in his power to ensure the safety of the child.