When parents get divorced and create a custody schedule on their own, they generally prioritize what they believe is best for their child. If they cannot agree, then the court must issue a child custody ruling. However, the court uses the same standard—focusing on the child’s best interests.
But how exactly is this determined? What if the parents disagree with the court? How does the judge decide what will be best for the child?
Weighing many different factors
Courts typically assess a wide variety of factors to determine the arrangement that prioritizes the child’s well-being. Some of these factors include:
- Who was the primary breadwinner during the marriage and who was the main caregiver
- The child’s relationships with extended family members
- Cultural, social or religious considerations
- The child’s age, gender and preference, if they are old enough to express one
- Whether the child has any special needs
- The physical and mental health of each parent, particularly as it pertains to their ability to care for the child
- Each parent’s living situation and financial stability
- If there is any evidence of domestic violence, physical abuse or emotional abuse
- Where the child goes to school and what groups they are involved in
- If either parent has other children from different relationships
- If there is any evidence of drug and alcohol use
Every divorce is unique, so courts must evaluate the entire situation to determine what will provide the child with the most stability and the best home life after the divorce. As parents go through this process, they need to be well aware of their legal rights and options.