When parents divorce, one of the most critical decisions the court must make is how to allocate custody and parenting time. Unlike property division or financial support, custody decisions are not about what each parent wants. Instead, they are guided by a single principle: what is in the best interests of the child.
But what does that phrase actually mean? And how do courts decide what’s best for a child?
A Child-Centered Standard
The “best interests of the child” standard is used by courts in every state to make decisions about legal custody (the right to make important decisions for the child) and physical custody (where the child lives). The goal is to create a stable, healthy, and supportive environment for the child to grow and thrive.
Courts focus on the child’s well-being above all else. That includes their emotional, physical, educational, and sometimes cultural or spiritual needs.
Common Factors Courts Consider
There is no single checklist that applies to every case, but judges typically consider many of the following factors:
- Each parent’s ability to provide a stable home: courts look at housing, financial stability, and daily routines.
- The emotional bond between parent and child: strong, consistent relationships matter. Courts want to preserve healthy attachments.
- The child’s age, needs, and development: a toddler’s needs may differ from those of a teenager, and special medical or educational needs are also taken into account.
- Each parent’s history of caregiving: who handled school drop-offs, doctor appointments, meals, and homework? Courts value consistency.
- Mental and physical health of both parents: if a parent struggles with untreated mental illness or substance abuse, that may weigh against them.
- Willingness to support the child’s relationship with the other parent: courts generally favor parents who cooperate and avoid conflict, rather than those who attempt to alienate the child.
- History of domestic violence or abuse: safety is a top concern. Evidence of abuse, against the child or the other parent, can significantly affect custody.
- The child’s preferences: in some cases, older children may be allowed to express their custody preferences, although this depends on the child’s age and maturity, and is just one factor among many.
Legal Custody vs. Physical Custody
It’s also important to understand that custody comes in two forms:
- Legal custody refers to the right to make decisions about education, healthcare, religion, and other major issues.
- Physical custody refers to where the child lives and how time is divided between parents.
In many cases, parents share joint legal custody even if physical custody is not equally split. Courts aim to preserve both parents’ roles in the child’s life whenever it is safe and appropriate to do so.
The Role of Parenting Plans
In some cases, parents agree to a parenting plan outside of court, outlining how they will share time and responsibilities. As long as the plan serves the child’s best interests, courts will usually approve it. If parents cannot agree, a judge will make the final decision.
The best interests of the child standard is designed to put the child’s health, safety, and happiness at the center of every custody decision. Courts do not favor one parent over the other based on gender or income alone. Instead, they focus on creating an arrangement that allows the child to grow up with the love, care, and stability they need to succeed.
