How does a court decide who gets custody of the children in a divorce?

When a court is deciding who should be granted custody of the children in a divorce, they will always prioritize the best interests of the children. In order to make this decision, the court will examine a variety of factors, such as the relationship between the parents and the children, the mental and physical health of the parents, the ability of each parent to provide financial stability for the children, the current living arrangements of the children, the children’s wishes and preferences whenever possible, and any prior court decisions or judgments concerning the parents. The court may also examine any other relevant factor that it believes can help them make the best decision for the children’s future. An important factor that the court must consider is what is known as a “presumption” of joint custody. This means that the court will presume that both parents should share custody, unless there is evidence to support the notion that one parent would be unable to provide a safe and stable environment for the children or if one parent is determined to be an unfit or dangerous parent. In the event that joint custody is not a viable option, then the court will consider which parent would be best suited to have sole physical and/or legal custody. Ultimately, the court’s goal is to determine which parent can provide the children with ongoing love, support, guidance, and stability. The court will also consider the ability of each parent to encourage a healthy relationship between the children and the other parent. The result of these considerations is that the court can make an informed decision about who should be granted custody of the children.

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How does a court decide who gets custody of the children in a divorce?

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