What are the Main Factors Used to Determine the Custody of Children During a Divorce?

Child custody can be a confusing subject. The factors the court will consider when deciding this for a family vary from state to state and even case by case, but it is generally not as simple as who’s the mom and who’s the dad. In deciding who should have custody of a child, the court considers the best interest of the child and also the rights and responsibilities of each parent. If you need the custody of your child, it is essential to have one of the potential, experienced, and knowledgeable divorce lawyers monroe nc by your side.

In some cases, a third party may be a better option for a child. Examples of third parties who may be more suitable include grandparents, foster parents, or other relatives. The court provides child custody to third parties who can offer more stability and financial support for a child than one parent might provide on their own.

Let us for now see into the most common factors used to determine the child custody of children during a divorce.

  • Age of the children

When determining child custody, the age of the children is not only an important factor but also needs to be explored. Younger kids may be better off with their mother because they might not understand the decision, which could harm them psychologically. Older kids will need stability and potentially want to live with their dad, who can provide that.

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  • Children’s preferences

It’s not just about who can provide the best home for the child. Instead, judges give preference to the child’s preferences when deciding which parent should have custody of them. Children are old enough to know what they want and can tell the court if they are being forced to live with a parent that they do not want or feel comfortable around. It is up to the judge to consider the child’s feelings about their family situation.

  • Each parent’s relationship with children before the divorce

In a divorce, the court will often have to decide whether or not a child should live with one parent or the other. This decision is based on what they believe is in the best interest of the child. The courts also take into consideration the relationship each parent has with the child before a divorce because it’s important for that to stay intact.

  • Each parent’s willingness to support the other’s relationship with children

It can be difficult when parents disagree on child custody. Parental willingness to support the other’s relationship with their children is a major consideration for the court, and it will likely impact the decision. 

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