Who gets to keep their children after a divorce? This kind of question often puzzles and frustrates divorcing parents. In some cases, parents are able to negotiate a child custody arrangement that gives both parents some kind of physical and legal custody of their children.
However, if parents cannot reach a custody agreement, a court will step in and make the custody arrangement on their behalf — and all decisions are made in respect to the child’s best interests. A child’s best interests means any factors that could impact a child’s safety, well-being, upbringing and education. Here is what you should know:
Factors courts consider when determining child custody
There are many factors courts may consider before awarding child custody. Some of the most common factors include:
- Each parent’s earning capabilities
- Each parent’s level of education
- Each parent’s mental and physical health
- Each parent’s ability to meet their child’s basic needs
- A child’s mental and physical health needs
- A child’s relationship with their parent, extended family and community
- How far the parents live from each other
- How well parents can communicate and work together
During a child custody hearing, parents can bring evidence that demonstrates their capability to care for their child. However, some evidence can also hurt a parent’s chance of earning custody of their child, including the following:
- A parent’s history of drug abuse or crime
- A parent suspected of abusing or neglecting their child
Parents can seek professional legal guidance to help protect their custody rights in court. While it is always preferable to negotiate an agreement between co-parents, that’s not always possible — and it then becomes essential to present your case carefully to the court.