When you get divorced, you have to divide custody of your children with your spouse. The two of you have some ability to make these decisions on your own, but the court can make a ruling if you’re unable to do so.
For instance, you may want sole custody, and your spouse may also want sole custody. Since a solution that provides both of those is impossible, the court can decide if one of you should have sole custody – which is rare – or they will decide on how to split shared custody between the two of you.
To do this, the court will look at the child’s best interests. But what are some of the things that they consider?
Your relationship with the child
The court will try to get a sense of your relationship with the child, including figuring out which person is the main caretaker. It doesn’t mean that the other parent can’t have custody, but the court will try to keep some level of stability for the child.
The court will also consider each parent’s physical health and mental health. The goal is to find a custody solution that is healthy for the child and also to give custody to parents who are healthy enough to offer proper care.
The court is also interested in the living situation you’re going to provide for the child and your background. If you don’t have a stable living situation or you have a criminal record, for instance, they may be less likely to give you custody.
Fighting for your rights
These are just a few examples of the many factors that the court considers. It’s very important to understand what they’re going to look at so that you can fight for your rights as a parent.