Photo by Kelly Sikkema on Unsplash.
The sad thing about divorce is the trauma of the children that their parents no longer live with them. This can lead to a lot of anxiety and depression in children.
Often times, parents disagree on custody of the children and this matter is brought to court for arbitration.
The following factors may be considered by the court when deciding on child custody in the event of a divorce. (Ref: Wolf J – Verywell family)
- All confirmed evidence of domestic violence, abuse, or neglect by one of the parents.
- The ability of each parent to care for the child’s physical, emotional and medical needs.
- How the child will be affected by either continuing the current custody arrangement or interrupting the arrangement.
- Each parent’s ability to create stable, loving environments. A judicial investigation into custody can be requested.
- Children’s wishes.
- The degree of adaptation and bonding between the children and their home, school environment, and community / neighborhood.
- The living quarters of the parental home. Do the children each have their own room?
- The mental and physical health of each parent as well as the children.
- The quality of the relationship between the children and each parent.
- The willingness of each parent to support and facilitate the child’s ongoing relationship with the other parent.
- Each parent’s desires and preferences.
- Whether one of the parents has taken over most of the childcare so far.
- Whether false allegations of abuse or neglect were made by one parent against the other.
- The age of the children. The court tries to maintain consistency, especially with younger children. The older the children get, the more willing the court is to consider alternative regulations.
Custody issues will also be based on what is in the best interests of the child. The strong emotional bond with each parent can also play a role in the decision on custody. This can be determined through an evaluation report and interviews with a psychologist or social worker.
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