If you end up in divorce court, with a judge determining how custody of your children should get divided between you and your ex, the judge is going to ask a number of questions to better evaluate the situation. The judicial preference is for shared custody between you and your ex, but they still have to decide if that is really best in your unique case.
Additionally, shared custody does not mean a 50/50 split in all cases. Even when the court knows that you will share parenting time with your ex, they still have to ask some questions to figure out exactly what that split will look like. A few examples of questions they may ask include:
- Are there any claims of and/or evidence of abuse?
- Does either one of the parents struggle with drug or alcohol addiction?
- Is the home environment safe for a child?
- Does the child have a preference or a request?
- Have you or your ex been acting as the primary caretaker?
- What does your physical health look like? What about your mental health?
- How old is the child?
- Is the extended family involved and what role do they play?
- Where does the child go to school and how can the custody arrangement keep them in that school?
Overall, the hope is that the custody arrangement can give the child the best possible living situation with the chance to see both parents. There are a lot of factors to consider and every solution is unique. If you’re going through this process, be sure you know what rights you have.