When two parents get divorced, they often have to split up child custody. A court can assign sole custody to one parent, but it’s usually the court’s opinion that a child should be involved with both parents after divorce, so they often divide custody rights.
In doing so, courts are not necessarily supposed to focus on what the parents want. After all, both may want sole custody, which is impossible. As a result, the court focuses on the child’s best interests and tries to create a parenting plan that prioritizes them. So, how do they decide what outcome will actually be in the child’s best interests?
A Variety of Factors
Courts consider many different factors, depending on the unique specifics of the case. Some examples include:
- Any history of abuse or violence in the home
- The mental and physical health of the parents
- The age of the parents and the child
- Any community or social connections
- The need for a stable home environment
- Any religious considerations
- If the child has special needs or health concerns
- The parental roles the adults had prior to the divorce
- Relationships with grandparents or other extended family members
- Each adult’s ability to be a parent and caregiver
- Any evidence of drug or alcohol use or abuse
In some cases, courts will even allow a child to voice their preference if they would like to live with one parent over the other. However, this doesn’t necessarily mean that the court will assign sole custody. With young children, they likely won’t even have the chance to express their opinion.
If you are a parent going through a divorce, you can see why it’s essential to understand all of your child custody rights.
