Custody Focuses on the Children’s Best Interests

If you’re interested in getting custody of your children in a divorce, then it’s important to know what the court is looking for when making this decision. Generally speaking, they are trying to focus on the children’s best interests and create the best possible living situation for those children.

First and foremost, it’s important to note that courts typically assume it is best for children to see both of their parents. So odds are that you are going to get to share custody with your ex. This happens in most modern cases, though there are exceptions. But, outside of trying to preserve both relationships with their parents, what are other factors that the court may consider?

What does the child want?

Older children who are in their teens may be asked where they would like to live or how they want custody to be set up. The court will consider their request, though there’s no guarantee that they will grant it.

What will be safest?

One of the biggest things that influences custody is safety. This is why courts look at things like arrest records, drug use or hazardous living situations. They want to make sure that the child is always in the safest possible custody arrangement.

What other factors influence care?

Many other factors can influence the level of care that a child gets when they’re with a certain parent. This can include things like the parent’s age and health, the child’s health conditions or special needs, who was the main caregiver when the couple was still married and the like.

As you move toward your divorce and seek custody of your children, be sure you know exactly what legal steps to take.