Courts are often charged with making custody decisions during a divorce. Some parents are certainly able to make these decisions on their own, but the court can issue a ruling if they are unable to find a solution themselves.
Generally speaking, the court will say that its main goal is to focus on the child’s best interests. The parents may not be happy with the outcome or get the exact custody schedule that they want. But the court wants to make sure that things go well for the child, more than adhering to the preferences of the parents. So how does it decide what is in the child’s best interests in the first place?
8 key factors
Every situation is unique, but the following are eight factors the court may consider:
- If the child has a personal preference, depending on their age
- The parental roles that the parents had during the marriage
- If there are any connections to the local community, such as the child’s educational needs
- If the child has a strong relationship with grandparents or other extended family members
- If there is any evidence of substance abuse, domestic violence or other such issues within the home
- The parents’ mental and physical health, as it pertains to taking care of the child
- If the child has any specific special needs or other unique considerations
- Personal factors relating to the child, such as their age and gender
Even knowing what the court is looking for, a child custody dispute can be complex. It is imperative that parents understand their rights and legal options as they navigate this process.
