In some cases, during a divorce, parents are able to come up with a child custody solution on their own and have it approved by the court. But in other cases, parents want two opposing outcomes, such as if they both want sole custody. The court will then have to make a ruling.
But how does the court determine what type of custody solution would be best for the child? They will examine numerous different factors, and they will focus on the child’s best interests. The court’s goal is not to choose sides between the parents as much as it is to find a solution that works for the child.
Potential factors that may be used
Every case is unique, but the following are a few of the different types of factors a court may consider, to give you an idea of what they are looking at:
- The child’s age
- The child’s gender
- If the child has a preference, also depending on their age
- The parental roles prior to the divorce
- Pre-existing relationships with grandparents or other family members
- If either parent has a criminal history or credible accusations of abuse
- If there are any substance abuse or addiction issues
- If the parents can provide a safe and healthy living situation
- If there are any mental or physical health concerns
- If the child has any special needs
Every case is unique. For instance, in some cases, the court will decide that the child is old enough to express their preference, but in other cases, the court may determine that the child is too young and does not get to have any input on their custody solution.
This can make child custody cases very complex. As you navigate one, take the time to carefully look into all of your legal options.
