Everyone Deserves A Fresh Start

  1. Home
  2.  » 
  3. Child Custody
  4.  » How is child custody determined during a divorce?

How is child custody determined during a divorce?

On Behalf of | May 8, 2024 | Child Custody |

Two types of child custody have to be divided during a divorce. The first is physical custody or parenting time, and the second is legal custody, or the ability to make crucial decisions for the child – such as where they go to school or what medical care they get.

When couples get divorced, both types of custody need to be divided. They may be divided evenly or unevenly, and both types can be divided differently. Someone may get legal custody without physical custody, for instance. If the court has to make this determination and hand out a custody order, how do they determine the ideal outcome?

Focusing on the child’s best interests

Overall, the court is just seeking a solution that puts the child’s best interests first. This means that every case is unique and the court has to look at a variety of factors, such as:

  • The child’s physical and mental health 
  • The parent’s physical and mental health 
  • The financial situation of the family 
  • Any cultural or religious considerations 
  • The child’s own wishes 
  • Any evidence of abuse or illegal activity 
  • The parental roles that each person had before the divorce 
  • The child’s age and gender 
  • Where the child goes to school and what groups or activities they are involved in

These are just a few examples, but the key is to remember that the court is focused on the child. Parents may not get what they want if the court believes it is better to divide custody in a different manner. For instance, parents sometimes seek sole custody, but courts generally prefer shared custody. As you go through this process, be sure you know about all of your legal options.