In a divorce, both parents likely want custody of their children. Both parents may have certain beliefs about childcare. As a result, parents may fight for custody during a hearing. But, how is child custody decided?
When a court looks at a child custody case, they will consider what is in a child’s best interests. Here is what you should understand:
What is a child’s best interests?
A child’s best interests are subjective and unique for each child. Some aspects of a child’s best interests may only apply to some children. Some common examples of the best interests of a child include:
- Household stability: A predictable environment helps with child development and provides for emotional security. The court may look at what living situation the parent can provide, whether it is safe for a child, whether they have reliable childcare and whether they can provide for their child’s basic needs, such as food, clothing and shelter.
- Educational opportunities: A parent may be able to argue that they should have custody of their children because of educational reasons. This could be necessary if a child has special needs and goes to a school to help them or they go to a nearby private school or college.
- Health care needs: A child may have certain special needs, such as mobility issues or learning impairments. One parent may be more fit to provide for their child’s needs than the other parent.
- Safety issues: A parent may be abusive, violent or has a history of alcohol abuse or criminal activity. This evidence could limit a parent’s right to custody.
Parents can negotiate what is in their child’s best interests during a hearing. Legal guidance can help parents prepare for a hearing.
