For many parents, the most troublesome part of getting divorced is wondering how custody will be decided. It’s important to understand the different parenting plans the court may implement and the factors they take into consideration when issuing decisions on custody so you can best prepare for these matters. The following blog explores what you should know about this process and why connecting with St. Louis child custody lawyers is imperative to help you through these difficult times.

What Are the Different Types of Custody That Can be Granted?

It’s important to understand that there are different parenting arrangements the courts can order for your circumstances. Typically, there is physical and legal custody. Physical custody refers to where the child physically resides. The court can grant sole physical custody, meaning the child will primarily reside with one parent, while visiting the other. However, they may also grant joint custody, in which both parents spend significant time with the child.

Legal custody refers to the right to make important decisions for the child, like where they will go to school, what medical care they receive, and even what religion they practice. Like physical custody, this can be either joint or sole. If joint legal custody is granted, the parents should consult with one another before making these decisions.

It’s important to understand that the court will grant these matters as they see fit. That means a couple could be granted joint legal custody, with sole physical custody for one parent.

What Will the Courts Consider When Making a Decision?

It’s important to understand that the courts do not make decisions regarding custody lightly. When making decisions, the courts will prioritize the best interest of the child above all else. Essentially, this means they will consider the health, happiness, and success of the child over the wishes of the parents.

They must consider a number of factors before issuing a decision, including, but not limited to, the following:

  • The age and health of each parent
  • The ability of each parent to provide a safe and stable home
  • The willingness of each parent to meet the needs of the child
  • The income of each parent
  • The job requirements of each parent
  • Who the child’s primary caretaker was prior to the divorce
  • Whether or not there is a history of physical abuse by either parent
  • If either parent struggles with substance abuse
  • Where each parent lives in relation to one another, the child’s school, and their extracurriculars
  • If there are any other children involved in the custody dispute
  • If the child is old enough, their preference on which parent they live with and why

It’s also important to understand that the courts will generally begin with the assumption that it is in the child’s best interest to spend equal time with each parent. However, if they uncover evidence that indicates this would not be in the child’s best interest, parenting time can be changed to favor one parent.

When you and your spouse file for divorce, custody is often one of the most contentious matters that can arise. As such, it’s in your best interest to do everything possible to fight for a favorable outcome in these matters, including connecting with an experienced attorney. At Stobie Family Law Group, we understand how overwhelming this process can be. That’s why our firm will do everything possible to assist you during these difficult times. Contact us today to learn more.