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How courts determine what is in the child’s best interests 

On Behalf of | Jan 31, 2025 | Child Custody

In some cases, couples going through a divorce are able to agree amicably on how to divide child custody rights. However, in many other cases, they cannot come to an agreement on their own, so the court must make a ruling. Part of this process involves issuing a child custody order.

When making a decision, the court’s primary focus is the best interests of the child. While the parents’ wishes and desires do play a role, the ruling is meant to place the child in the best possible situation moving forward. To do this, the court considers a variety of factors.

Common factors considered

Every divorce case is unique, but the following are some of the key factors courts typically examine:

  • The parents’ physical and mental health as it relates to their ability to care for the child
  • The child’s own physical and mental health, along with any special needs they may have
  • Where the child goes to school and their connections to their neighborhood or peer group
  • The presence of extended family members and any existing relationships the child has with them
  • The roles the parents had during the marriage, such as if one parent was the primary breadwinner and the other was the main caretaker
  • Whether the child has expressed any preferences regarding their custody arrangement
  • The child’s age and gender at the time of the divorce
  • Any negative factors, such as if one parent has a criminal record or a history of alcohol abuse

These are not the only factors a court will consider, but they help illustrate how custody decisions are made. If you are going through this process, it is important to carefully explore all of your legal options.

 

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