When parents separate or divorce, one, if not the most important issue is child custody.  Custody matters are challenging and can be emotionally, mentally, physically, and financially draining.  Thus, it is important for parents to understand child custody laws when navigating this important issue.  Courts must determine what is in the best interests of the child.  In order to do this, the Court applies a number of factors.  Understanding these factors will help parents prepare and advocate for their child or children. 

Key Factors Courts Consider in Custody Decisions

The Child’s Age, Health, and Unique Needs

A child’s developmental stage, health, and specific needs play a crucial role in custody decisions. Courts assess:

  • Infants and toddlers often require a more stable and consistent caregiving environment.
  • School-age children may have emotional and educational needs that influence custody arrangements.
  • Children with medical conditions or special needs may require specialized care, and the court will determine which parent can best provide it.

Each Parent’s Age and Physical and Mental Well-Being

The ability to care for a child is not only about willingness—it is also about capability. Courts evaluate:

  • Whether a parent’s physical or mental health affects their ability to meet daily parenting responsibilities.
  • Mental health conditions and whether they are well managed.
  • The parent’s overall stability, including work-life balance and home environment.

The Child’s Relationship with Each Parent

A parent’s historical involvement in the child’s life is an important factor for the court to consider.  Courts will assess:

  • Has one parent been a child’s primary caregiver in the past?
  • How involved has each parent been in daily activities, such as school drop-offs, doctor’s appointments, and bedtime routines?
  • The child’s emotional bond with each parent.
  • Is one parent better equipped to assess a child’s needs and ensure those needs are met?

Each Parent’s Ability to Meet the Child’s Needs

Beyond providing food, shelter, and education, courts assess whether a parent can offer a nurturing and stable home environment. The Court will consider:

  • The ability to provide emotional support and guidance.
  • Whether the parent can consistently meet the child’s emotional, educational, and physical needs.
  • Each parent’s ability to provide the child with consistency and stability.  

The Child’s Relationships with Others.

As noted above, a child needs stability and consistency.  This includes maintaining important relationships with others.  The Court will consider:

  • The child’s relationships with his/or her siblings.
  • The child’s relationships with peers.
  • The child’s relationships with extended family members.
  • How the custody arrangement can support the child’s relationships with these individuals.  

Willingness to Foster a Healthy Co-Parenting Relationship

Even after separation, courts encourage parents to maintain a positive co-parenting relationship. Judges evaluate:

  • Whether each parent supports the child’s relationship with the other parent.
  • If either parent has a history of attempting to alienate the child from the other.
  • The ability of both parents to communicate effectively and resolve conflicts in a way that prioritizes the child’s well-being.

Parents who demonstrate a willingness to collaborate and separate personal conflicts from parenting responsibilities are often viewed more favorably in custody rulings.

The Child’s Preferences (When Appropriate)

In some cases, when a child is mature enough to state a preference, courts may consider his or her personal preference. This depends on:

  • The child’s age and maturity level.
  • Whether he or she is able to articulate a well-reasoned preference.
  • If their preference aligns with his or her best interests.

While a child’s preference may be something the Court considers, it is not determinative of the outcome and a child does not have the ability to solely decide his or her custody.  

What This Means for Parents

If you are navigating a custody dispute, the best approach is to demonstrate your ability to provide a stable, loving, and supportive home for your child. Courts prioritize what is best for the child—not what is best for the parents.  Showing that you are able to work cooperatively with the other parent, even in challenging circumstances, will go a long way with the court.

If you are uncertain about your legal options, consulting a family law attorney can help you navigate the process, ensure your rights are protected, and advocate for your child’s best interests.