When some couples go through a divorce, they are able to negotiate a child custody arrangement themselves. Two parents may be getting an amicable divorce where they both want to be involved in their children’s lives. They may agree to exchange the children every other week, and the court signs off on this custody order when the divorce is finalized.
In other cases, couples disagree over custody. Perhaps one person wants sole custody rather than shared custody. In these situations, the court will have to determine the custody arrangement.
Focusing on the child’s best interests
When the court does this, the goal is usually to determine what would be best for the child. The court will consider many different factors, such as:
- The child’s age
- The parental roles during the marriage
- The parents’ mental and physical health
- The parents’ ability to care for the child
- Each parent’s living situation
- Whether there is any evidence of abuse
- Whether there is evidence of drug or substance use
- The child’s preference, depending on their age
- The child’s mental and physical health
- The child’s connections to the local community, such as their school
- The roles of extended family members
These are just a few examples, and every case will be unique. But the court will gather as much information as possible about the child’s life and then create a custody order that focuses on their stability and a secure living situation. Each parent can make a case for the custody agreement they believe is best for their child.
Navigating this type of child custody case can certainly be complex. Having the guidance of an experienced family law attorney is essential to advocating for your rights and for your child’s best interests.