Divorce is rarely an easy, straightforward process. Typically each side hires divorce lawyers, there are long debates about how to divide personal assets, questions about alimony, and in many cases, there’s a discussion of child custody. Child custody laws vary slightly from state to state, but generally custody of any children is either shared between the divorced parents, or sole custody is granted to one parent. There are several factors that go into how child custody is determined during a divorce, and this article will look at a basic overview of what these factors are.
- Why Is the Divorce Taking Place?: One factor that determines child custody is why the divorce is happening. For example, in the case of an amicable divorce, where both sides mutually agree to separate but have no real animosity for one another, child custody might be shared because the children can safely stay with both parties. However, if the divorce is taking place because one of the parties is abusive to the other, than sole custody will likely be granted to the side that is fleeing the abusive partner.
- Which Side Can Better Care for the Children?: Another factor that determines child custody is which side can provide a better living environment for the children. Child custody laws dictate that the parent with sole or primary custody must be able to provide a stable living environment for the children. This includes having good housing, the ability to send them to school, and generally fulfilling their everyday needs. Whether or not joint or sole custody is granted can be dependent on whether just one parent, or both parents are able to provide a good living environment.
- Is One Side Moving Out of State?: A third factor that determines child custody is, where is each side going after the divorce? Are either of the parents moving out of state, or are they staying in the same relative area? The answer to this question can determine whether sole custody or joint custody is granted. For example, if one of the parents is relocating across the country, it might be easier to grant sole custody to the parent who is staying in the area the children are familiar with, though this could be different depending on the circumstances. On the other hand, if they’re staying in the same relative area and the separation was amicable, then joint custody could be granted.
In conclusion, there are several factors to consider when child custody is being discussed during a divorce. Child custody laws vary on the specifics, but there are several things that need to be considered. These factors include, why is the divorce taking place, which side can better care for the children, and is one side moving out of state after the divorce. These are all important factors that need to be kept in mind when deciding child custody during a divorce.