The child custody guidelines that courts use to determine who will get custody in a divorce vary slightly from state to state. However, whenever a court is asked to decide the issue of child custody, one main guideline prevails. The court will make the decision that it believes is in the best interests of the child or children involved. Often, this means the court will decide on joint custody.
Understanding the Child Custody Guidelines and Joint Custody
If a court is asked to decide custody, that usually means you and your spouse weren't able to sit down and agree on a custody arrangement beforehand. The court will ask you to each present your case as to why you believe you should have custody or as to why you believe the custody arrangement that you are suggesting should be adopted. During the custody battle, the court will consider and you should expect to present evidence on:
- Who was the primary caregiver for most of the child's life
- Who can provide the best and most stable home environment with the most emotional, spiritual, familial and financial support
- What the child's relationship is with each parent
- Whether there are circumstances such as abuse, neglect, addiction or mental illness that may impeded one parent's ability to provide a stable and solid home life.
In the vast majority of cases, the court will believe that it is in the child's best interests to have access to both parents. After all, a child likely has established relationships with both his mother and his father and having two loving adults in his life is generally far better and healthier than being cut off from one parent.
As such, the court will generally award either joint custody or primary custody with visitation. Joint custody involves both parents splitting the child in a substantially equal manner, while primary custody involves one parent having the child live with him or her most of the time but visit the other parent. Usually the determination of whether joint or primary custody is appropriate depends on the feasibility of a shared custody arrangement. If it is easy for the child to move back and forth between homes, for example, and if both parents have provided an equal level of care and support for the child, then joint custody is most likely to be the court's decision.
Getting Help
Child custody battles are one of the most important legal fights any individual can be involved in during his or her life. If you are involved in a child custody dispute, you need to get the help of a qualified lawyer who can stand up for your right and who can help you build the strongest case possible.
