In some cases, couples who are getting divorced simply agree to shared custody from the outset. They want to split both their physical and legal custody rights, and they will both still be involved with the child.
But in other cases, couples do not agree. Maybe one person would be happy with shared custody, but the other wants sole custody. The court then needs to make a ruling, and it uses the standard of focusing on the child’s best interests. Below are some of the factors that can help the court make this determination.
Ability to provide care
To begin with, the court will look at the parents’ ability to provide necessary care to the child. This could include factors like their:
- Physical health
- Mental health
- Financial stability
- Living situation
- Prior relationship with the child
- Roles during the marriage, such as if one person was the primary caregiver
The court does often prefer to have both parents involved, but they have to demonstrate that they can properly care for the child.
Outside influences
At the same time, the court will look at a variety of outside factors that could play a role in the child’s life moving forward, such as:
- The child’s own wishes, depending on their age
- The child’s health, especially if they have special needs
- Cultural and religious considerations
- Where the child goes to school
- The roles of extended family members
Finally, the court will look for any negative factors, such as evidence of substance abuse, child abuse, excessive discipline or domestic violence.
Addressing custody rights
This helps show the types of factors the court will examine when making a custody ruling. Parents who are going through a divorce must be aware of all of their legal rights as they navigate this process.