Planning to get a divorce with kids? Don’t miss out on the factors that affect child custody. Child custody is one of the most important topics to talk about during the divorce process. Because it’s a matter of your child’s upbringing and future. As that topic is very sensitive, you should consider it seriously and appropriately by considering all the factors that affect child custody.
What are the factors that affect child custody?
Before jumping to the factors that affect child custody, let’s discuss a little bit of child custody.
Child custody
The child’s custody is about the legal right to keep, take care of, and make decisions for the child (like about education, healthcare, etc.). In general, custody is of two basic types, i.e., joint custody and sole custody, which are well explained below:
JOINT CUSTODY
Joint custody means the equal rights of both parents, i.e., in the matter of physical and legal rights. In simple words, both parents have equal rights to make child-related decisions. It has been further classified into two parts:
Joint physical custody: Physical custody means the amount of time the child spends with their parents. So, joint physical custody signifies that both parents have an equal right to spend time with their children. That doesn’t mean it has to be 50-50, but it should take a good amount of time.
Joint legal custody: Legal custody means to make decisions regarding their child. So, joint legal custody means both parents have an equal right to make major decisions for their child, i.e., regarding education, health care, and religious beliefs.
SOLE CUSTODY
Sole custody means only one parent (either the mother or the father) has the legal right to stay and make major decisions regarding their child. In contrast, the other parent will only get the visitation time to meet their child (as per the schedule). This type of custody lacks equality among both parents, but in some cases, that could be the better decision. Moreover, in sole custody, it gets even more comfortable for the child and the parent, particularly regarding school, friends, etc.
In general, joint custody is one of the most practical approaches followed by many couples after divorce, and in some states, it is by default. But in some circumstances, sole custody is preferred. To get the custody of your child, you should know the factors that affect child custody.
Who’ll decide the child custody?
In general, both parents should talk and make a decision regarding the child’s custody, either on their own or with the help of mediation or a lawyer. And if the judge thinks that the decision is fair, the court accepts and assigns these divorce terms about who gets to keep the child. Moreover, even the court prefers to make this decision on its own, as you know much better than anybody else.
But if you’re not able to make one decision that is fair and agreed upon by both, then the court will consider some factors that affect child custody. Both parents should abide by that decision, whether they agree with it or not. As you have no control over the court’s decision, it is better to settle the child’s custody on your own.
Factors that affect child custody
The court considers some factors that affect child custody by accounting for the betterment and future of the child. Here is the list of 5 factors that affect child custody:
1. Child’s Age
The court considers the child’s age when deciding the child’s custody. Because if a child is just a nursing infant, then the mother is more likely to get the child’s custody than the father. Even the child’s sex and health are considered when making the decision.
2. Parent’s lifestyle
The parent’s lifestyle is also considered by the court because that will become the child’s lifestyle and environment as it grows. As lifestyle plays the most important role in the upbringing, behavior, and future of the child, the court will get to know about it before giving the child’s custody to the parent.
3. Parent’s ability
The court also looks at the parent’s financial status and ability to give proper education and health care to the child. Even, how capable the parent is to make the right decision for their child and how well that parent gives their child a good life ahead. As it’s a matter of the child’s future, that becomes the must-consider factor for the child’s custody.
4. Parent’s willingness
Parents’ willingness and interest to stay and make decisions for their children also matter a lot. Because if a parent is unwilling or uninterested in their child, the parent with whom he or she is staying will most likely neglect the child. So the court considers parents’ willingness as well. And even the bond they share with their child when deciding on the child’s custody.
5. Child’s wish
If the child is mature enough, then the court also considers the child’s wish, i.e., with whom the child wants to stay. Your child also has the right to share and talk about how they feel. And that is taken into account when deciding who gets custody of the child.
These are the common factors that affect the child custody; apart from these, there are many other factors as well. The main purpose of considering the factors by the court is to make the best decision for the child, where they get good food, shelter, education, a good lifestyle, proper guidance, love, care, and even happiness.
In short, the court makes a decision by considering the child’s best interests. So that the child will get a good upbringing and a better future after their parents separation.
