There are many divorce cases where parents are able to come up with a child custody schedule on their own. It may be as simple as exchanging the children every few days, or every other week. They still have to submit this plan to the court, but it can be approved, and the court does not have to issue an external custody ruling.
When couples cannot agree, however, the court can determine child custody. As a general rule, it will focus on the child’s best interests. But to determine what would be best for the child, a number of key factors will be considered.
Factors about the parents
First and foremost, the court will look at factors regarding the parents, such as:
- Their mental and physical health
- Their roles prior to the divorce
- Their relationship with the child
- Their ability to provide a stable living situation
- If they have a criminal record, or if there is any evidence of abuse or domestic violence in the home
Courts do seek to keep both parents involved when possible, but will consider these factors carefully.
Factors regarding the children
Additionally, the court will look at details about the child, including:
- Their age
- Their connection to extended family members
- Their own mental and physical needs
- If the child has a specific preference
- The relationship with the parents
- If there are any cultural or religious considerations
- Where the child goes to school
These are just a few examples, and every case is unique. But by looking at all of these factors, courts can make a custody determination. Parents going through this process must be well aware of their legal rights.