How Child Custody is Determined by the Court

Divorce can be a complex and challenging process, and when kids are involved, it becomes even more protracted and costly. The decision to seek custody can be a tough one after you and your spouse decide to part ways. However, to divorce judges and courts, handling such matters is all in a day’s work. The question then arises, how does the court determine which parent gets child custody? It’s advisable to consult a family law attorney to get a clear understanding of who will get custody.

Various factors are taken into account by judges when determining custody. Understanding these factors is paramount.

There are different types of child custody arrangements, notably legal and physical custody. Physical custody pertains to the amount of time the child spends with each parent, also known as visitation, parenting time, or timesharing. Legal custody, on the other hand, refers to the ability to make significant decisions regarding the child’s healthcare and schooling. Courts usually prefer awarding joint legal custody to parents, giving both parents an equal say in the child’s upbringing.

In each arrangement, parents can have either joint or sole custody. It’s common for parents to share joint legal custody, with one parent being the primary legal guardian. This arrangement often results in the children spending less time with the other parent. Another common arrangement involves children living with the primary legal guardian and visiting the other parent every weekend. It’s rare for one parent to have both sole physical and legal custody of the child, and this happens only in cases where there’s a strong reason for the other parent not to spend time with the children.

Preferably, parents should agree on a visitation schedule and legal custody to avoid going to court, which allows for a plan that suits the family’s needs rather than uncertain court outcomes. Parents should also agree on the amount of child support the other parent will pay.

When determining primary custody of the child, the court always aims to decide in the child’s best interests. Factors considered during this process can vary by state, so it’s highly recommended to consult a family law lawyer who’s also an expert on child support. Factors considered include the child’s preference, age and gender, special needs, each parent’s ability to provide for the child, each parent’s physical and mental health, concerns about domestic violence, and the child’s current routine and living situation.

For an objective decision, the court may call on mental health professionals or custody evaluators to recommend who gets custody. Courts often rely on insights from experts who have closely worked with the family.

Parents should work together on a plan that suits the family’s needs. If one parent has a history of domestic violence, child abuse, substance abuse, or other mental health concerns, judges may place restrictions on their visitation rights.

In most states, child custody laws acknowledge the benefit of having children regularly meet both parents after separation or divorce. Parents often come up with their own visitation and custody agreement, deciding on details like visitation schedules, where the children will live, and how parents will communicate sudden schedule changes.

However, if parents can’t agree on visitation and custody arrangements, custody mediation can help resolve disputes. After agreeing on a parenting plan, it should be submitted for the judge’s approval. As long as the plan is in the children’s best interests, judges usually approve the agreement and make it official with a court order.