If you are a parent of minor children who is thinking of divorcing, you may have heard all sorts of things about how courts decide custody. As with anything, it can sometimes be challenging to separate fact from fiction, and not all that you hear or see will be accurate.
The simplest way to think about custody is using the same phrase that courts will rely on if asked to rule on custody – the child’s best interests. Whenever you have a question or are confused about options, try bringing it back to that fundamental concept.
The child’s best interests
Ample research has shown that it is usually in the best interests of the child for both parents to continue playing an active role in their life. So that is what a court will seek to ensure happens. There are exceptions, such as if one parent poses a serious threat to their child’s safety. Even then, courts may look for ways to make some contact possible, such as through supervised visitation where appropriate. If, of course, they believe that is best for the child.
When it comes to determining how time is split between parents, the court will look at multiple factors such as each parent’s financial and emotional stability, how different arrangements would affect schooling, the presence of siblings and each parent’s relationship with their child.
For example, maybe a court thinks it would be best for the child to spend most of the time living with you because you have a much better relationship with them than your spouse does and have more knowledge about how to handle their delicate medical condition. If, however, you want to move to another state, the court might not give approval. They might determine that moving would cause major disruption to the child’s schooling at a critical time. They might think it would make it too hard for the child to spend time with their other parent and that the move would not be in the child’s best interests.
By bringing everything back to your child’s best interests, you can better predict what a court is likely to say about a particular suggestion. Having experienced legal guidance can help you focus on that.