When estranged spouses go their separate ways, the children don’t always automatically go to their mothers. In 2023, data shows that less than 6% of children under 18 lived exclusively with their mothers after a divorce. So, the question is, who gets child custody when marriages end?
Sole vs. joint custody
When determining child custody during a divorce, the court typically considers two main options, sole and joint custody.
Sole custody grants one parent both legal and physical custody, allowing them to make all significant decisions regarding the child’s upbringing. The child primarily lives with this parent, while the other parent may have visitation rights.
Meanwhile, joint custody involves both parents sharing legal custody and decision-making responsibilities. The child may live primarily with one parent or split time between both homes. For this arrangement to work, both parents must constantly communicate and cooperate.
Physical vs. legal custody
Custody can be categorized into physical and legal custody. Physical custody determines who provides day-to-day care and where the child lives. Legal custody, on the other hand, involves the right to make significant decisions about the child’s upbringing, such as education and healthcare.
Factors considered by the court
Several factors affect the court’s decision as to whom to grant custody to. These key factors include:
- The child’s relationship with each parent
- The child’s age and needs
- Each parent’s ability to provide care
- The child’s preferences
- Any history of abuse or neglect
The court may also conduct social welfare investigations to assess the family’s situation.
Often, courts favor sole physical custody with joint legal custody to ensure stability while keeping both parents involved. However, child custody decisions are ultimately complex and tailored to each family’s unique circumstances. The court aims to ensure the best option for a child while endeavoring to maintain a good relationship with both parents post-divorce.
