Divorce might be a straightforward process, but it could become complicated based on the situation. Sometimes, divorcing couples have conflicting views and opinions regarding essential matters, especially those affecting their child.
Fortunately, the court can intervene when a divorcing couple cannot agree regarding their child. The judge must decide based on the family’s circumstances and the child’s needs. However, every family situation is different. Some cases have unique requirements, forcing the judge to weigh what could be best for the child.
Typically, the judge uses the following factors to make child custody decisions:
- Child’s relationship with parents and other family members.
- Potential effects caused by the child’s removal from the home.
- Each parent’s capacity to provide for the child’s needs.
- The child and each parent’s mental and physical health.
- Other factors that could risk the child’s safety, such as violence, neglect or abuse.
Additionally, the judge must decide based on the case details and evidence presented during the divorce proceedings.
Determining the child’s best interest could be complex
Regardless, the court must remain fair and impartial throughout the process. The judge must also review the child’s closeness to other family members and set arrangements to maintain these connections.
Sometimes, the court could allow the child to express their preferences, depending on the circumstances. Doing so tells the court how the child feels, allowing the judge to determine an ideal outcome. Additionally, the court could set up arrangements where the divorcing couple can collaborate if beneficial for the child.
Parents could have clouded judgment during divorce proceedings, making them prone to disputes. If that happens, the court could advocate for the child and uphold their rights. It also lets the court address potential issues that could harm the child.