There are a lot of decisions parents must make during a divorce. One of the biggest issues of contention is child custody. Child custody determines how often children live with their parents and the legal obligations and rights of both parents. During a divorce, parents may have the opportunity to reach a custody agreement. However, if parents cannot agree to a custody arrangement, the issue may have to go to court.
When a child custody case goes to court, a judge may decide for the parents based on the child’s best interests. A child’s best interests refer to any factors that could impact a child’s upbringing, safety, well-being and education. What is in a child’s best interests is not always clear, however. Here is what you should know:
Deciding child custody through litigation
If child custody has to be decided in court, both parents have the opportunity to discuss their preferences. For example, one parent may want to split custody and the other parent may want sole custody. Parents can present evidence to support their argument. Some facts that can help determine child custody include:
- Each parent’s ability to provide for their child’s needs, including food, shelter, clothing and education
- Each parent’s daily schedule, including work schedule, travel for work and the distance between parents
- Each parent’s physical and mental health, including physical limitations or cognitive disabilities
- Each parent’s relationship with their child and their child’s relationship with the extended family
However, some evidence can also negatively impact a parent’s right to child custody, such as a parent’s criminal history, evidence of abuse or abandonment. Even a child’s preferences, if the child is old enough and has a reasonable understanding of the situation, may be considered. It is important to always focus a child custody argument around the child’s safety and well-being, and not the parental preferences.
Professional legal guidance can prepare parents for a child custody hearing and help them present a compelling case.