Divorce is a challenging and emotional process, especially when children are involved. One of the most significant decisions a family court will make during a divorce is child custody. Courts are tasked with determining what’s in the best interest of the child, a decision that requires careful consideration of numerous factors.
Reviewing these factors can help parents get through the process and increase their chances of reaching a favorable custody arrangement.
At Checkett, Pauly, Bay & Morgan, LLC in Carthage, Missouri, we strive to help our clients understand the key factors courts consider when determining child custody arrangements.
The Child's Best Interests
The primary consideration in any child custody case is the child's best interests. Courts focus on the child's safety, well-being, and overall happiness.
Judges will take into account various aspects of the child’s life to determine which arrangement will support their physical, emotional, and developmental needs. The factors that may affect the child’s best interests include:
Emotional bonds with parents: Courts assess the emotional attachment the child has to each parent. If a child has a strong, nurturing relationship with one parent, the court may be more inclined to grant that parent primary custody.
Stability and continuity: Judges are often concerned with maintaining stability for the child. If a child has lived with one parent for a long period, keeping them with that parent may be seen as fostering continuity.
Developmental needs: Children have different developmental needs at various stages of their lives. Courts will assess which parent can meet those needs, whether it’s providing structure for a younger child or supporting educational goals for an older child.
By focusing on the child’s needs rather than the desires of either parent, the court seeks to foster an environment where the child can thrive after the divorce.
The Child’s Relationship With Each Parent
The relationship a child has with each parent plays a critical role in determining custody arrangements. The court evaluates how each parent interacts with the child, including how involved they're in the child's life and upbringing. The court may consider the following factors:
Previous involvement: If one parent has been the primary caregiver before the divorce, the court may lean toward keeping that parent as the primary custodian, provided they can continue to meet the child’s needs.
Parental support: A court will also assess how each parent has supported the child emotionally and physically. For example, the court will consider which parent provides more consistent care and support.
Co-parenting ability: Courts favor parents who demonstrate an ability to work together for the benefit of the child, even after a divorce. If one parent is likely to encourage a positive relationship between the child and the other parent, this can be viewed as a factor in favor of shared custody.
The stronger the bond between the child and a parent, the more likely that parent may receive a greater amount of time or even primary custody.
The Child's Preference
In some cases, especially with older children, courts may take the child’s preference into account. While the weight given to the child’s wishes depends on their age and maturity, the court may listen to what the child wants in terms of custody arrangements.
Typically, courts will only consider the preferences of children over the age of 12, according to the National Governors Association, although younger children’s opinions may be considered if they’re mature enough to express a preference.
It’s important to note that a child’s preference isn’t the sole determining factor in custody decisions. A judge will weigh the child's wishes alongside other factors, such as the child’s physical safety and emotional well-being.
Even if a child expresses a preference for one parent, the court may decide that the other parent is better suited to meet the child’s needs.
The Parents' Mental and Physical Health
A parent’s physical and mental health is an essential consideration when determining custody arrangements. The court needs to know that the parents are capable of caring for their child’s needs and providing a stable home environment.
If a parent has any history of mental illness, substance abuse, or physical health issues, the court will evaluate how these conditions affect their ability to care for the child.
A parent who is struggling with addiction or untreated mental health issues may have limited visitation or even be denied custody if the court determines that these conditions may negatively impact the child.
Courts will often require evaluations by mental health professionals to assess the impact of a parent's health on their ability to parent effectively. In these cases, the parent may be given the opportunity to demonstrate their commitment to treatment and stability.
Domestic Violence or Abuse
If there is any history of domestic violence or abuse, it will be taken very seriously by the court. Courts prioritize the safety of the child above all else, and any evidence of physical or emotional abuse can have a significant impact on custody arrangements.
If one parent has been abusive toward the other parent or the child, the court will likely limit their custody or visitation rights. Even if abuse isn’t physical, emotional, or psychological, abuse can still influence the decision-making process.
In some cases, the court may require supervised visitation to maintain the child’s safety. Protective orders or restrictions may also be implemented to prevent the child from being exposed to an abusive parent by themselves.
The Parents' Ability to Provide for the Child’s Needs
A critical factor in custody decisions is each parent’s ability to meet the child’s physical, emotional, and financial needs. Consequently, a parent must provide the following elements:
Basic needs: The ability to provide food, shelter, and other basic necessities is essential for any parent seeking custody.
Education and extracurriculars: Courts also consider how well a parent can provide for the child's educational and extracurricular needs, such as schooling, after-school activities, and special programs.
Emotional stability: The parent’s ability to maintain a stable environment that is free from constant conflict or upheaval is another important consideration.
The court will look at each parent’s living situation, including financial stability, and their ability to maintain a consistent, supportive environment for the child’s growth and development.
The Parent's Work Schedule and Availability
The court will also examine each parent’s work schedule and availability to care for the child. If one parent works long hours or has a job that requires extensive travel, this can influence the court’s decision regarding custody arrangements.
In some cases, courts may find that a non-working parent is better equipped to provide consistent care. Alternatively, if both parents have demanding careers, the court might recommend joint custody arrangements, with both parents sharing time with the child based on their work schedules.
Parents with flexible schedules may be given more time with the child, as they can be more involved in daily activities and be available to address the child's needs.
The Parent's Ability to Foster a Relationship With the Other Parent
While not always discussed, a parent’s willingness to foster a positive relationship between the child and the other parent is a significant factor in custody decisions. Courts favor parents who promote a healthy, cooperative co-parenting relationship and support the child's relationship with both parents.
If one parent attempts to alienate the child from the other parent, the court may view this negatively, potentially limiting that parent’s custodial time. Courts encourage joint custody when possible, as this allows children to maintain relationships with both parents, which is seen as beneficial for the child’s overall well-being.
Contact a Divorce Attorney Today for Your Child Custody Needs
Determining child custody during a divorce is an intricate and highly individualized process throughout Southwest Missouri and Joplin. Courts consider many factors in making custody decisions, all aimed at securing the right environment for the child.
Work with an experienced family law attorney at Checkett, Pauly, Bay & Morgan, LLC to receive guidance throughout the process, make sure all relevant factors are properly addressed, and prioritize the child’s best interests.
