DAILY CUSTODY TIP: CREATE A “GEOGRAPHICAL” FAMILY TREE FOR EACH PARENT

Mr. and Mrs. Smith are getting divorced, and both of them want custody of Bobby. After they separate, Mrs. Smith remains living in the family home in suburban Chicago. Mr. Smith moves back to his family in Milwaukee. Where should the child live – with mom or dad?
　
Of course, there are numerous factors that must be considered to answer this question. One factor that is often overlooked is the question of whether the child’s extended family is clustered closer to mom’s home or dad’s home. In other words, does Bobby Smith have more grandparents, uncles, aunts and cousins living around Chicago or living around Milwaukee?

In a custody case, it is often helpful to create a family tree for each parent. But not just a regular family tree, like the kind you can build online or with various software programs. Instead, you should build a "geographical" family tree. List all of the child’s relative who live around one parent’s home, and plot the distance of each relative from that home. Then, follow the same process for the other parent’s home. Imagine, for example, that out of 26 relatives, 21 of them are clustered within a 30 mile radius of mom’s home. A lawyer may be able to put this information to work.

"Your honor," the lawyer will argue, "as you can see by this family tree, all four of the child’s grandparents live within ten miles of his mother’s home in Chicago. All but one of his uncles and aunts and every single one of his cousins live within 20 miles. Clearly, the best interest of the child and the greatest promise of continuity in maintaining the loving family relationship he now enjoys can be sustained by granting full custody to the child’s mother."