As you navigate your divorce, securing custody of your children is likely your top priority. The courts focus on your children’s best interests rather than your preferences or desires.
Understanding how courts make custody decisions can help you present the strongest possible case for maintaining meaningful time with your children.
How courts determine what’s best for your children
When you seek custody, judges evaluate multiple factors to decide which arrangement benefits your children most. They examine your mental and physical health, your ability to provide a stable home and any evidence of unfitness such as substance abuse or domestic violence.
Courts also assess your relationship with your children, including emotional bonds and your involvement in their daily activities.
Understanding your custody options
You can seek physical custody, which determines where your children live daily, or legal custody, which involves decision-making authority over education, healthcare and religious matters.
Joint physical custody means your children split time between both homes. If you seek sole custody, you must demonstrate why this arrangement serves your children better than shared custody.
Building a strong custody case
Document your active involvement in your children’s lives through school records, medical appointment attendance and participation in activities. Courts favor parents who provide consistent, stable environments and demonstrate genuine commitment to their children’s well-being.
Navigating the custody process
Your case begins with temporary orders to establish arrangements during divorce proceedings. If you and your spouse agree on terms, include them in your settlement agreement for court approval.
When you cannot reach an agreement, the court may require mediation first. If mediation fails, you may need to present evidence at hearings supporting your proposed custody arrangement. The judge may appoint evaluators to assess your family situation and make recommendations.
Preparing to win your case
Gather comprehensive documentation demonstrating your parenting abilities and involvement. Collect school records, medical appointment logs, activity schedules and evidence of your stable living situation.
Given custody law’s complexity and these decisions’ lasting impact on your relationship with your children, consider seeking legal guidance to understand your rights and develop a winning strategy for your case.