As you go through your divorce, one of your worries is who will keep custody of your children. You may want custody of your children. You may worry, however, that your spouse will gain custody of your children.
Part of the divorce process is deciding on child custody. In many divorce cases, both parents share custody. But, one parent may also gain sole custody of their children. Here is how custody is decided:
Determining custody
In a divorce, the main factor that courts consider is a child’s best interests. A child’s best interests often include a parent’s ability to provide their children with happiness and security and an environment that is healthy and friendly. Some additional factors that can affect a child’s best interests can include:
- A child’s relationship with their parents
- A parent’s ability to provide for their child’s basic needs (clothing, food, shelter, etc.)
- A child’s educational need
- Community support
- Age and sex of a child
- A parent’s discipline style
- A parent’s mental health
Many parents are able to provide for their child’s best interests. If this is the case, parents may be given joint custody. When parents have joint custody, they can work together to raise their children, typically, in two separate households.
If a parent is not able to provide for their child’s best interests, they may not be fit to raise their child. The other parent may be given sole custody, which means they can decide how their child is raised and are responsible for providing for their child’s needs.
If you do not agree with how custody is determined after a divorce, you may need to reach out for legal help to learn how you can change the arrangement.