Separating or divorcing is one of the most difficult things a couple can experience. When child custody is involved, it becomes even more challenging. The top priority for parents should be their children above any issues they may have with each other. 

The U.S. legal system also reflects this sentiment. Courts consider a child’s needs first, above the desires or conveniences of the parents when it comes to custody. This is because courts work according to the ‘best interest of the child’ principle. 

What Does the Best Interest of the Child Mean?

When courts use the ‘best interest of the child’ to determine custody, they use it as a legal guideline. This guideline ensures that all children affected by a custody arrangement are happy and safe within this arrangement. 

Courts aim to create a custody arrangement that provides children with a stable and supportive environment. The following elements factor into the final decision:

  • Emotional needs. Children must be able to bond with both parents under a custody arrangement. 
  • Physical needs. The court assesses how well each parent can provide for a child. This includes food, shelter, and medical care.
  • Educational needs. Access to education and support for academic success.
  • Stability. Courts always assess how stable a child’s environment will be at either parent’s home. There must be continuity in schooling, home life, and community life.
  • Parental fitness. Each parent is assessed as well. They must be mentally and physically fit enough to care for their children.
  • Safety. This is one of the most important elements in a custody arrangement. 

Custody Types

The arrangement is usually divided into two main custody types when the court decides on custody.

  • Legal custody. This refers to a parent receiving the authority to make major decisions about a child’s upbringing. These decisions include where the child will go to school, what type of healthcare they receive, and religious beliefs. A court may award sole legal custody to one parent or joint legal custody to both. It all depends on what is best for the child.
  • Physical custody. This refers to the child’s place of residence and which parent will provide daily care. Physical custody can be shared or sole. When physical custody is shared, parents must adhere to a detailed schedule to ensure their child spends meaningful time with both of them. 

How Judges Evaluate Custody Cases

Judges consider several factors when deciding on custody cases. One of the most important is the nature of the parent-child relationship. Judges assess the level of care and active involvement of each parent. They also consider how committed each parent is to ensuring a child’s well-being. 

Parents must meet their children’s emotional and physical needs and build a nurturing relationship with them. 

A judge will also consider a child’s age. This is because younger children benefit from having contact with both parents. When children are older, they may prefer one parent over the other and have their preferences about where they want to live. 

While the focus is on the child’s well-being, a judge will also look at the well-being of the parents. Each parent must demonstrate that they are willing and able to provide a stable environment for their child. This means that parents must be mentally and emotionally mature enough to put their children first. 

If there are any signs or history of domestic violence, substance abuse, or neglect, a judge has the authority to limit parents’ custody rights. 

Special Considerations

No two custody cases are the same, and many include special considerations. For example, if a parent wants to move to another city or state, the court must evaluate how this will affect the child. The moving parent must prove the move is in the child’s best interests. 

Special considerations also extend to siblings. Courts typically try to keep siblings together unless circumstances prevent them. Siblings staying together according to a custody agreement helps build family relationships and emotional bonds. 

A parent’s harmful behavior will factor into a court’s decision. For instance, one parent may try to turn a child against the other. If this happens, a court may limit that parent’s access to their child. 

Parents Must Support the Custody Process

Nothing about divorce and agreeing on custody is easy. This is why parents should take a cue from the courts and focus on their child’s needs. It is crucial for parents to never speak negatively about their former spouse in front of their children. 

It is also important for parents to be flexible when it comes to custody arrangements (within reason). An online app can help parents stay on track if the schedule is complicated. 

When parents work together, they can make separating while keeping their kids’ environment stable a lot easier.