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What does the court consider when deciding for joint custody?

On Behalf of | Jul 28, 2023 | Family Law |

During divorce proceedings, the court could interfere and take the lead whenever there are disputes between parties. However, these decisions require legal bases based on the family’s needs. Sometimes, the conflict could foster hostile living situations that harm the divorcing couple’s children.

Ideally, the court could enforce a joint custody order, allowing the child to maintain their connections to both parties. Still, they must consider vital elements concerning the child’s welfare. The court must review the following factors before deciding that joint custody is appropriate:

  • The child’s closeness to each parent
  • Each party’s capacity to provide for the child’s needs
  • Each parent’s willingness to be responsible for their child
  • Each parent’s acceptance that they must allow the other party to care for the child at specific times
  • Projected development of the child impacting their relationship with each parent
  • Benefits the child could gain from maintaining their relationship with each parent
  • Each parent’s commitment to avoid being intrusive with the child’s relationship with the other party
  • Collaboration between parties to implement the agreed-upon parenting plan
  • Distance between each party’s residence
  • Each party’s ability to work together to address the child’s needs

The court must assess these factors from an impartial and unbiased point of view. Additionally, arrangements could vary if the case involves other crucial elements potentially endangering the child.

Considering the child’s best interests

Child custody decisions could be tricky because of each family’s unique circumstances. The court becomes the children’s advocate in these situations, prioritizing their best interests. Aside from these factors, the court could also decide based on the child’s education, religion, recreational activities and health care. They are essential to allowing the child to live a fruitful life during and after the divorce.