One thing that courts will try to do when couples get divorced is create stability for the children of the marriage. Remember that courts always operate with a focus on the child’s best interests when sorting out child custody issues and drafting a court order.
This is part of the reason why courts tend to prioritize shared custody in the modern era. There is a belief that it is usually better for the child to be involved with both parents, limiting the amount of change they experience in their post-divorce life. The main reason that courts will go against the assumption of shared custody is if there are safety issues, as they do not want to put the child in harm’s way.
Other considerations
However, there are many different factors that courts consider with this focus on stability. They may look at where the child goes to school and what peer groups they are a part of. They may try to keep that child in the same neighborhood or maintain relationships with extended family members.
The court can also consider the parental roles that the adults had while they were married. For instance, one person may have worked full-time as the main breadwinner for the family, while the other person stayed home with the children and was the main caretaker. Even if the court issues a custody ruling that keeps both parents involved and gives them physical and legal custody rights, they may still consider these roles and how the change is going to affect the child.
All told, custody rulings can be very complex. Parents who are going through a divorce need to understand all their rights and legal obligations.
