When parents can’t agree on how to share custody of the children after divorce, a judge steps in to make the decision. It’s not about who’s the better parent or who has more money – it’s about what’s best for the child. Every case is treated individually, but the child’s well-being always takes center stage during custody proceedings.
The law aims to ensure that the child grows up in a safe, loving and stable environment. If one parent can provide that better, it will influence the court’s decision. Here are some of the things family court judges consider.
The existing parent-child relationship
A judge will examine the bond between each parent and the child. Has one parent been the primary caregiver? Who’s been handling school, doctor visits and bedtime routines? A parent who’s been consistently involved in the child’s life has a stronger case than the one who’s been distant.
Stability and home environment
Courts don’t like to disrupt a child’s life unless it’s absolutely necessary. As such, judges look at whether where the child will live is safe and stable and if they will have to move, change schools or experience major disruptions in their routine. The parent who can provide consistency in housing, schooling and daily life may have an advantage in the custody case.
Parental fitness and conduct
Each parent’s ability to care for the child will also come under scrutiny. This includes their mental and physical health, history of substance abuse, domestic violence, criminal activities and a willingness to cooperate with the other parent.
The child’s preferences
In some cases, a judge may ask the child what they want. Older, more mature children might have a say in where they want to live, but the court won’t let a child’s choice override what’s truly best for them.
It’s worth noting that family law courts often tend to favor joint custody, where both parents are involved in the child’s life. However, any relevant factors present in your situation that are for or against such an arrangement will weigh in when determining custody.
Reaching out for legal guidance early in the divorce process can help you understand how the law works, protect your parental rights and ensure the best possible outcome for your child.