When is joint custody awarded for Children in a Divorce?

Custody decisions are based on the best interests of the children.  The factors that are considered and therefore need to be embraced and understood by the parents include:

• Age, sex, and mental and physical health of the child(ren)
• Mental and physical health of the parents
• Lifestyle and other social factors involving the parents, including exposure to second-hand smoke and any history of child abuse
• Emotional bonds between each parent and child, including their ability to give guidance to the them
• Ability to provide food, shelter, clothing, and medical care
• Established living patterns for the child(ren) (school, home, community, religious institution)
• Education quality in the current environment
• Changing the status quo & its impact on the child(ren), and
• Preferences of the child(ren), if they are above a certain age (usually about 12).

Weighing these factors against each other and making sure that they aren’t weighted in favor of one parent over the other are the primary considerations of the court. Determining which parent is capable of providing the best level of stability to the child(ren) is the consideration of primary importance give there are now over weighted factors from the above. The courts are also interested in which of the parents is more likely to be able to make sure the other parent is engaged at a level that makes sure relationships with the other parent are optimized for successful interactions.

The considerations for younger children are more around continuity of care and for older children which parent is able to best continue the growth of the child in a variety of areas including:

• Education,
• Life in the neighborhood,
• Access to religious institutions, and relationships with their peers.