If you are a divorcing parent, you’ll likely focus a lot of attention on the forthcoming custody and parenting time agreement. If you leave it to a court, it’s essential to know that they will base their decision on what is in the child’s best interests.
Naturally, this can be a little hard to define, as each child and each set of parents is very different.
It’s all about the child’s best interests
Here are some of the things a judge may look at when deciding what is in the child’s best interests:
- How has time been split until now? If one parent has been the main caregiver, a court may decide that drastically changing that ratio of time with the child may be harmful for a young child.
- What time and financial capabilities does each parent have? Sometimes, one parent will simply have a work schedule that does not permit them to have a reliable schedule, and that can impact custody decisions.
- What relationship do they have with their siblings? The court may be reluctant to split siblings, even when one child prefers to live with the other parent.
- What other emotional or practical attachments need to be considered? One parent may want to move out of the area, but the other intends to stay. Staying could mean the child stays with their friend group and continues in the same school. On the other hand, moving away with the other parent might unlock access to wider family support or better educational opportunities.
A court would need to carefully weigh up everything when deciding what is better for the child. Alternatively, if you and your co-parent can work that out between you, then a court may only need to approve your agreement. In all cases, it pays to take legal guidance, as deciding what is in your child’s best interests vs. what you and your co-parent each want can sometimes be challenging.