During a divorce case, the court may need to rule on how child custody should be divided if the parents cannot agree on a solution themselves. For example, if both parents seek sole custody, the court is tasked with finding a resolution.
As a general rule, courts prioritize the child’s best interests. They aim to determine the custody arrangement that is most beneficial for the child based on the unique factors of the case. However, parents may sometimes feel that the court doesn’t fully understand what is best for their child. So, how do courts make this determination?
Examining numerous factors
To decide on custody, courts evaluate a wide range of factors, focusing on the child’s safety, health and stability. Some of the considerations include:
- The child’s specific request, particularly if they are a teenager
- Any history of criminal activity or abuse by the parents
- The child’s special needs or health conditions that must be addressed
- Whether the parents are in good physical and mental health and capable of caring for the child
- The parental roles during the marriage—for instance, if one parent was the primary caregiver while the other was the primary breadwinner
- Issues with alcohol or substance use
- External factors, such as proximity to extended family or the child’s school and community
These are just a few examples, but courts strive to consider as many relevant details as possible. Parents going through this process need to understand what the court is looking for and the legal steps they can take to protect their custody rights in regards to both physical and legal child custody.