What happens if parents cannot agree on child custody during a divorce? If parents cannot reach a child custody arrangement, they may need to go to court to have the matter settled. Even with joint custody as the starting point, a court may create a child custody arrangement not based on either parent’s preference, but on a child’s best interests.
A child’s best interests refer to any factors that could impact a child’s well-being, safety, stability, upbringing and education. There are many seemingly minor factors a judge may consider before creating a child custody arrangement. Here is what you should know:
Factors judges use to determine custody of a child
The factors a judge will consider when reaching a child custody arrangement vary for each case. However, there are typically a few common factors courts will consider during a child custody case. Some of these factors include:
- Child’s needs: A court may look at a child’s daily emotional and physical needs, including their daily care, medical care and emotional stability, that could influence their upbringing. Evidence that a parent is not active in their child’s life could influence the judge’s decision.
- Financial stability: A court may consider each parent’s financial situation, how they earn their income and how their job could impact how much time they spend with their child. A history of unemployment or frequent work trips could influence child custody rights.
- Home safety and stability: A court may consider each parent’s housing situation. Parents who frequently move or do not have stable housing may have fewer custody rights.
- Relationships: A court may look at the relationship a child has with their parents, siblings and extended family when determining child custody.
- Parents’ health: A court may use each parent’s fitness and mental health as a factor when determining child custody. A history of mental health problems or substance abuse could impact custody rights.
Professional legal guidance can help parents prepare for a child custody hearing.