Many parents would agree that they understand what would be best for their child. If they have to make decisions about where the child should live or things of this nature, they want to be in charge.
But during a divorce, this isn’t always possible. The parents may disagree, so the court has to make a ruling. How does the court figure out what would be best for the child?
Examining evidence and numerous factors
It’s a complex process where the court typically gathers as much information as possible and looks at it from a variety of different angles. Important details may include:
- The child’s age at the time of the divorce
- The child’s gender
- Whether the child has a personal preference
- If the child has special needs, disabilities or other medical conditions that require care
- Which parent was the main caregiver during the marriage
- Which parent was the main breadwinner during the marriage
- Whether the child has connections to the community or local social groups
- Where the child goes to school
- The parents’ physical and mental health, as it pertains to their ability to take care of the child
- The living situations both parents have
- Their income levels and their ability to provide a stable and safe home life
At the end of the day, the court will also consider the parents’ preferences, but it’s important to note that these don’t always come first. If what the parents want would be in conflict with what the court deems best for the child, the ruling may reflect the child’s best interest instead of the parents’ desires.
It is very important for those going through a divorce to understand what legal steps to take at this time.