I don't like it either, but he's been an L now for so long pretty much he's worked with and/or before all the judges around here.
I forgot: one of the factors is moral fitness, and my L brought up his incessant texting to OW in front of me and the kids. The judge said basically everybody that's married nowadays has affairs and texts their OP during a failing marriage. He said only if he and OW had been fornicating in a room next to the kids would he consider that! Like there is not much moral fitness anymore, I guess he's saying....