Parents know that getting divorced means they are likely going to have to split child custody rights and responsibilities. They may assume that the split will be 50/50. For instance, maybe the child’s father will have custody one week and the child’s mother will have custody the following week, and they will simply switch back and forth.
This certainly could be how the child custody arrangement is done, but do not assume that you’ll share custody evenly. There is no guarantee that this will happen, as the court makes a determination in every case by focusing on what would be in the child’s best interests.
What factors are considered?
To decide what the child’s best interests look like, the court will look at a wide variety of factors, which could include the following:
- Each parent’s living situation and financial stability
- Each parent’s mental and physical health
- What roles or responsibilities the parents had before the divorce
- If the child has a preference
- The child’s own age, gender and specific needs
- Religious or cultural connections with one or both parents
- If there are close relationships with extended family members
- If either parent has a criminal record or a history of abuse, neglect or domestic violence
There is no specific formula that is applied to every child custody case. The factors above are going to be different in every situation, so the court has to look at them and determine exactly how custody should be split and what would be best for the child and their health, safety and stability moving forward.
Child custody disputes are a common part of divorce. Parents need to be aware of their rights and legal options.
