In some cases, parents who get divorced are able to come up with their own child custody arrangement. Maybe you and your spouse want to keep things simple, so you just agree to alternate weeks. The court still has to approve your decision, but you are the ones making that choice.
In many cases, though, parents can’t agree on their own. This is when the court needs to rule on how custody should be divided. But how does the court decide what type of custody division to use?
The child’s best interests
To some degree, the court will consider what the parents need or want. If they both express a desire to continue a relationship with their child, that carries a lot of weight. They may also have realistic concerns, such as trying to find a child custody schedule that accommodates their work schedules.
But for the most part, what the court is interested in is what would be in the child’s best interests. To make this decision, they look at various factors, such as:
- The child’s age
- The parents’ age and mental and physical health
- The parental roles each spouse had during the marriage
- The financial and living situations of each parent
- Any history of abuse, neglect or criminal activity
- The child’s specific preference
- Connections to the neighborhood, local schools, etc.
- Any social or religious considerations
What sometimes happens is that parents will not necessarily get the exact custody arrangement that they want, but this could be because the court is prioritizing the child’s needs and best interests above those of the parents. While navigating a complex situation like this, it is crucial that you understand all of the legal options at your disposal.
