In some cases, parents who are going through a divorce cannot decide how they want to split up child custody. They don’t agree about who should live with the child (physical custody) or how to make important decisions on the child’s behalf (legal custody). They have to go to the court so that the judge can make a ruling and give them a child custody order.
If those parents ask the court how they’ll make the decision, odds are they will be told that the court focuses on the “best interests of the child.” At the end of the day, the court will prioritize the child’s future. But how does the court actually decide what will be in the child’s best interests?
Examining multiple factors
To do this, the court has to take a close look at the child’s relationships with the parents and their home life. They may consider factors like:
- The child’s age
- The parents’ ages, along with their health
- If the child has special needs
- The relationships between the child and the parents before the divorce
- The roles the parents had in the home
- Where the child goes to school
- If there are any community factors – friends, neighbors, religious connections, etc.
- If there’s evidence of criminal activity, abuse or substance abuse
- How well each parent is able to act as a caregiver
- If the child will have a stable home environment with both parents
- If there are any relationships with extended family members
Every divorce case is unique, but the court is generally just looking to give the child as much stability and security as possible. They want to put the child in the best living situation so that the divorce has less of an impact on their life. Couples who are going through this process need to know exactly what legal steps to take.