When you are going through a divorce and have children, you already know that there are many factors to be considered. Your children and your divorce may be high areas of tension for you because you love your children and want what is best for them during this confusing time. Many years ago, the court system would always give physical custody to the mother because they believed that this was in the best interest of the child. But today, parental roles have changed drastically and the courts are giving more and more contact to fathers because they believe it is beneficial for both parents to be involved in the child’s life.
Not all cases can include shared parenting because divorce breaks that ability. The courts will then have to decide where the child should primarily reside and who will care for them most of the time. For this, the court will consider many factors, such as who prepares and plans meals for the child, bathes and grooms them, cleans and cares for school clothes, puts them on a special routine, and arranges social activities. If there are siblings in a household, the court also takes this into consideration because they believe that it is beneficial for the child to have a relationship with their siblings.
Yes, there are many factors considered when the courts are deciding on legal and physical custody, or the ability to make decisions and where the child resides. They will look at a variety of emotional aspects that have a direct impact on the child, such as which parent gives them guidance, who is looking out for the educational and emotional well-being of the child, who is providing the most stable environment, and more.
Sometimes, a child will express their own desires in these cases. The courts believe that children should mostly be able to express their own opinions and be given an opportunities, but this takes their age, development, and more into account. The courts will also look at the level of maturity of the child in comparison with their peers.
No matter what, when you are going through a divorce and children are involved, it can be a difficult matter. Nobody wants to go through divorce but bringing children into it can be even harder. We are here for you every step of the way. Call us to help with your divorce matters in your time of need.