In some cases, couples who are getting divorced can come up with a custody arrangement and an exchange schedule on their own. They propose this to the court, which approves it, and the couple has essentially made its own custody decisions.
But in other cases, a couple may not be able to find a joint solution. Maybe both people want sole custody of the children, for example, or they just disagree on how time should be split up. In these cases, the court will have to make the decision, and the main criterion it uses is focusing on the child’s best interests.
How are the child’s best interests defined?
To determine what will be best for the child, the court tries to gather as much information as possible. Important details include:
- The child’s age and gender
- The parents’ ages and parental roles prior to the divorce
- The parents’ mental and physical health
- If there are multiple children in the family
- Connections to the neighborhood, community or extended family members
- The child’s educational needs
- Whether the child has special needs
- The child’s own preferences, if they are old enough to express them
Finally, the court will carefully consider any negative details, such as whether there is a history of excessive punishment, parental abuse, domestic violence or substance use.
Navigating a custody dispute
It can be challenging for parents when the court decides how custody of their children will be divided, or when the parents find themselves in a long-term custody dispute. It is very important for those going through this process to fully understand their legal rights.
