When divorce cases end up in court, the couple may not be able to agree on a division of parenting time or child custody rights. This means that the court has to step in and help them do so – or make a direct ruling and give them a court order that they have to follow.
To do this, the court will attempt to focus on the child’s best interests. When you look at many of the factors that they will consider, it becomes very clear that creating stability for the children is one of their main goals. This stability can make the divorce much easier and can help the children transition into this next stage in their lives.
Staying in the same school
For example, the court may consider the child’s school and extracurricular activities. If possible, the division of parenting time should allow the child to keep going to the same school so they can be in the same class, see the same friends, play on the same sports teams and much more.
Another area the court considers is the roles that each parent had before. If one parent was the main caregiver and has a much closer relationship with the children, the court may be more likely to keep the children with that parent the majority of the time. This doesn’t mean the other person has no parenting rights, but just that the court is trying to minimize the amount of change in the child’s life.
Other areas to consider
On top of that, the court is going to look at the neighborhood where the children live, the relationships they have with extended family members, any religious or cultural factors that need to be considered and much more. When parents are getting divorced, it’s important for them to understand what the court will look for and what steps they should take as they move through this process.