Parents may not always see eye-to-eye about child custody during a divorce. When parents cannot agree on how to split child custody, a court may need to decide custody on behalf of the parents.
Every child custody case is different. So, courts have to consider several factors before deciding on child custody. The biggest factor courts typically consider is a child’s best interests, which refers to a child’s happiness, safety, well-being and stability. Here is what you should know:
What factors influence a child’s best interests?
To determine what is in the best interests of their child, a judge may ask several questions during a court hearing. Some of these questions include:
- What does the parent do for a living?
- Does a parent travel often for work?
- What is a parent’s relationship with their child?
- How much time can each parent spend with their child?
- What is a child’s relationship with extended family?
- Does a parent’s psychological or physical condition impact their ability to care for their child?
- What type of medical conditions does a child have?
- Can parents communicate and cooperate efficiently?
- Does a parent live in a stable and safe home?
- Do parents live in the same state?
- Where does a child go to school?
- Does a parent have any history of criminal activity, substance abuse, abandonment or neglect?
It is important that parents attend a court hearing to discuss their custody rights. Depending on the answers a judge hears, they may grant both parents custody rights or just one parent. Professional legal guidance can help parents prepare for their child custody hearing.