Parents going through a divorce may have the opportunity to discuss child custody with their child’s other parent. If parents cannot agree to a custody agreement, the court can step in and make a custody order for the parents. A court will generally consider many factors before deciding on a child’s care.
The primary factor the court will consider is a child’s “best interests.” The best interests of a child include factors that can affect their safety, care and wellbeing under the care of one or both of their parents. A child’s “best interests” are essentially whatever circumstances that – in total – are to the child’s greatest advantage.
How can parents show they have the best interests of their child in mind?
During a custody trial, parents will be asked to demonstrate why the court should award them custody. Some common factors that can strengthen a parent’s case include the following:
- A parent’s stable income
- A parent’s mental health
- A parent’s ability to provide for their child’s needs (food, shelter, clothing, etc.)
- A parent’s work or school schedule
- A parent’s willingness to work with their child’s other parent
- A child’s relationship with their parent
- A child’s relationship with their relatives
- A home in a safe neighborhood
If a parent can demonstrate to a court that they have their child’s best interests at heart, they may be awarded greater custody rights over their co-parent.
What can affect a court’s decision on child custody?
Some facts can negatively impact a parent’s ability to obtain custody. For example, a parent with a history of unemployment, abuse, abandonment or criminal activity will have a much more difficult time arguing for sole child custody than one without those issues.
Parents may need to seek legal guidance to discuss their rights when seeking custody of their children.
