Parents often feel that they understand what would be in their child’s best interests. During an amicable divorce, two parents may work together to come up with a custody schedule. They will agree to put their child first.
However, if the parents can’t agree, then the court has to issue a custody order. The court is also interested in making a ruling that puts the child’s best interests first. But how do they figure out what this means, considering they don’t have a personal relationship with the child?
Factors that may be considered
Part of the court’s job is to look at a wide variety of factors and figure out what will be most beneficial to the child moving forward. These factors could include:
- The child’s age
- The child’s gender
- The parental roles during the marriage, such as the role of the main breadwinner and the main caretaker
- The child’s desires, especially if they are a teenager and deemed old enough to have an informed opinion
- If the child has any special needs
- If there are mental or physical health concerns for either the child or the parent
- Each parent’s capacity to provide a stable living situation for the child
- The role of extended family members
- Where the child goes to school and any other relationships with their community or friends
- If the parents have a history of criminal behavior, domestic violence, abuse or anything of this nature
These are just a few examples of common factors that courts consider, but they’ll try to get an accurate picture of what the child’s life looks like and issue a custody order that creates the most stability moving forward. As parents go through this process, it’s important for them to understand all of their rights and the legal options that they have.
