Mother and father arguing over daughter

What Factors Affect the Custody of My Child?

When going into a custody case, it’s essential to understand that many factors go into making the big decision. The team at Pearson Butler is here to help you better understand what these factors are, as it can give you a better stance in your case. Here are four things that the courts will consider when deciding your children’s custody arrangement.

Parent’s Living Situation.

One of the main factors a court will consider is each parent’s living situation. The court will weigh this factor in favor of the parent with a more stable living situation. The court will also take into consideration proximity from school and relatives. If your living situation is up in the air, chances are, the judge will side with the other parent on this factor.

Child’s Interest

Depending on the age of the children, the judge will consider their preferences. A judge, if not the custody evaluator, will take time in the case to learn more about their preferences. However, if the children pick another parent because they spoil them, the court will likely dismiss their recommendation. In Utah, the court with only consider the preference of a child once they are 14.


A major factor the judge considers is the relationship dynamics between each parent and their children. If one parent has been absent for a good portion of the children’s lives, they will most likely be granted visitation instead of primary custody.

The judge will also consider the relationship between the parents. The judge will record cooperation efforts made and if a parent is interfering with visitation. If a parent expresses their distaste for the other parent in front of the child, this would weigh against them when a custody determination is made.


An obvious yet serious factor a judge will consider is if a parent has abused or neglected the children in any way. If there has been a history of abuse, the judge will try to reduce contact with each other. If one parent makes false allegations towards the other, the court will need to conduct a further investigation to either confirm or deny the accusations.

It’s essential to be open and transparent with your attorney. When it comes to the well-being of your children, you want to do everything you can to make sure they’re in a safe environment.

We’re Here For Your Family

We understand how difficult this time can be for you and your children, and we want you to know that we’re here for you every step of the way. The Pearson Butler team has the resources and years of experience to help you obtain the outcome you desire. Give our team a call today at (800) 265-2314 or fill out a consultation form on our website here.