If you’re a parent and divorcing, one of the hardest questions you might have is “where will my children end up?” It’s an emotional process, and understandably, you want what’s best for your child.
Custody decisions can feel overwhelming and confusing, especially when the future seems uncertain. The good news is, courts have clear principles they follow to help protect the well-being of children. Knowing these rules can help prepare you for what to expect.
Divorce and custody
During a divorce, decisions regarding custody and visitation are usually resolved in one of two main ways. Ideally, parents can come together to reach agreements on child custody through informal negotiations, then present them to the court to sign off on. However, more often than not, parents face challenges agreeing on everything. In such cases, the court may need to step in to make decisions for them.
Ultimately, the court’s most important factor in deciding custody is the best interests of the child. The “best interests” standard is used in custody cases to determine the best arrangement for a child’s emotional and physical well-being. Courts look at many factors to decide what is in the best interests of the child, such as:
- The needs of the child
- Each parent’s desire and ability to care for the child, including their physical health and mental health
- The emotional bond between each parent and the child
- Whether the child must move to a new area
- Even the child’s preferences, depending on their age
Navigating a custody battle can be an incredibly daunting experience, especially when your child’s future is at stake. Having the right legal support can make all the difference.