3 Child Custody Considerations When Going Through A Divorce

Posted on: 26 June 2018

If you're going through a divorce, you have a lot of to deal with already. You may want to make sure that you get custody of your kids to take good care of them during this trying time or you may be willing to share a bit of the responsibility with your ex. Either way, you need to consider these child custody factors when going through a divorce:

Have A Realistic Picture Of Your Situation

Every family is in a different situation to another so there is no standard when it comes to custody of children following a divorce. It's important that you consider your own situation and discuss it with your family lawyer so you're able to assess your chances. For example, are you seeking sole custody because of domestic violence, drug abuse, alcoholism or negligence? Are you simply seeking it to spite your ex? Are you willing to compromise on custody and share it with your ex? In every instance, the best interests of the child must be prioritised and the court will decide based on your own situation with your ex partner. It's important that you have a realistic picture of your situation before any legal battles. 

Make Sure All Parenting Plans And Consent Orders Are In Writing

Even if you and your ex share an amicable divorce now, be sure to get a parenting plan or consent order in writing to protect the decision that has been made. This is because situations can change. Your ex may get another partner, you may get another partner, or financial issues could crop up at some point in either of your lives. Get your family lawyer to draw up a legally-binding parenting plan and ensure the other party consents to it to protect the interests of your children in the long run. This is usually legally recorded so that neither party can rescind on the agreement without proper cause.

Know What The Courts Look For

If you cannot come to a parenting plan agreement with your ex, then the court may have to intervene. You may want to know exactly what the courts look for if you intend to fight for sole custody or joint custody of your children. Courts typically look at different factors including the child's wish, relationship with each parent, violence issues (if any), parents involvement with the child, practicality of taking care of the child and much more.

Going through a divorce is tough but it's even harder with kids involved. These child custody factors must be considered to protect your kids.


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