Parents are not always able to come up with a child custody solution on their own. They need the court to do it and issue a custody order. To do this, the court is supposed to use the standard of deciding what is in the child’s best interests.
While this sounds good to parents, they may understandably wonder how the court could possibly know what is best for their child. This is especially true if the parent disagrees with the court’s decision. What are some of the factors that the court will consider?
Gathering all possible information
This is a difficult decision for a court to make, but the way they approach it is by trying to gather as much information and learn as many details about the child’s life as they can. Key factors could include:
- The parental roles the parents had while they were married
- Whether the child has any special needs
- The relationship the child already has with each parent
- Whether there are important relationships with other extended family members
- Whether there are any social, cultural or religious considerations
- The parents’ physical and mental health and their ability to care for the child
- The stability of the parents’ living situation and financial situation
- Whether there is any evidence of abuse, domestic violence, excessive alcohol use or illegal substance use
In some cases, if the child is old enough, the court will even ask for their preference. That does not mean that the court has to do whatever the child requests, but a teenager who expresses a strong preference may have that considered along with many other factors.
Reaching a child custody determination this way can be complex, and disputes do arise. Parents must be aware of all of their legal rights as they work their way through this process during a divorce.