Those who are concerned about their relationship with their children post-divorce often wonder what the family courts will consider when determining a custody award.

Depending on a mix of factors between you and your ex, there are three different types of custody you could be given: sole custody, joint legal custody and joint physical custody.

There is no official list out there that will tell you exactly what you need to get custody of your children but their best interests govern the final decision. No two cases are identical and state laws do vary across the country, but here is a general outline of what the courts will look at to come to their conclusion.

*The geographical proximity of the parents’ homes.

*The parents’ employment capacities and responsibilities.

*The age and number of children. The courts tend to favor keeping siblings together, as opposed to separating them.

*The needs of the child, for example, are there any chronic health problems or disabilities?

*The wishes of the child — if the child is of sufficient age and capacity to reason so as to make a proper decision.

*The stability and continuity of the home environment offered as the principal address of the children.

*The health and fitness of the parents.

*The quantity and quality of time spent with the child prior to or subsequent to the parents’ separation.

*The parents’ ability to cooperate in matters relating to the child.

*The parents’ willingness to accept custody so any history of unwillingness to allow visitation will be queried.

*The child’s safety, so any history of domestic violence will be noted.

Related posts:

Sharing custody Part 2: Benefits of child custody mediation
Sharing custody Part 3: How to prepare for child custody mediation

Related posts:

1. Sharing custody Part 2: Benefits of child custody mediation
2. Sharing custody Part 3: How to prepare for child custody mediation
3. Types of custody

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