How is child custody determined in an annulment?

Annulment vs divorce has always been a major issue for estranged couples who wish to go on separate ways for good. One of the major aspects of this issue has to do with child custody. While in divorce, child custody is determined by the court by using the best interests of a child as guidelines, in annulment, child custody is more difficult to determine since courts are hesitant to grant annulment to couples who already have children. Annulment, which declares that the marriage was never legally valid due to grounds such as fraud, bigamy, non-consummation, consanguinity, lack of consent, and others, is as if a marriage did not occur in the first place. But if the court is to grant annulment to a couple who has children, the best interests of the children are still the court’s primary focus. Best interests include factors that will safeguard the welfare and safety of the children. The court will ensure that the children will be able to sustain the standard of living they had before the separation and that their needs will be met. The court considers factors such as mental and physical health of parents, ability to raise children, parenting skills, and so on to determine which of the two parents are fit to care for the children. The court cannot consider factors such as gender, socioeconomic status and disability for this process.

If you and your spouse are having difficulties determining child custody in your annulment case, it is imperative that you consult a lawyer to help you in this purpose.