When two parents decide to get divorced it can create a lot of big changes, particularly for the children involved. It has been proven that divorce tends to have an adverse effect on children’s growth and healthy development. In a custody case courts will always make decisions rooted in the best interest of the child. The goal of any custody agreement is to allow the child to maintain healthy relationships with both parents and give them a stable and happy living environment.

Custody disputes can be overwhelming and hostile but ensuring your child’s health and development is paramount. To ensure your parenting rights are protected and fight for the best outcome for your child, acquire the help of an experienced Oakland County child custody lawyer. Schedule your consultation today.

What Kinds of Custody Exist?

Several types of custody exist and can be awarded to one or both parents. Depending on the details of the custody agreement each kind of custody will have different implications for the parents’ rights. Below are the various types of custody that each parent can receive.

  • Sole physical custody: The child will live with one parent full-time. The noncustodial parent may have visitation rights to see the child but generally, they will reside with the custodial parent for all or the majority of the time.
  • Joint physical custody: The child will reside with both parents, alternating households depending on the details of an agreed-upon schedule.
  • Sole legal custody: When a parent is awarded sole legal custody they are the only person with the right to make important decisions about the child. This can include choices about their religion, education, medical care, etc.
  • Joint legal custody: This custody agreement allows both parents to contribute equally to important decisions regarding the child and their well-being.

Depending on the family’s circumstances one of the above will be determined to be the best solution for custody.

What Factors Determine the Best Interest of the Child During a Custody Dispute?

In any custody proceeding the main concern that a court will consider is the best interest of the child. Courts must weigh all relevant factors to determine which parent can best meet the child’s needs and create a parenting plan based on that conclusion.

The factors that will be considered when determining the best interest of the child include the following.

  • Stability, as in which parent has historically been the primary caretaker and which parent has had custody of the child during the separation period
  • The physical and mental health of each parent
  • If either parent has a history of spousal abuse or child abuse
  • Whether or not either parent has addiction or substance abuse issues
  • The financial stability of both parents
  • Where the child’s siblings and other relatives live
  • Where each parent lives compared to the child’s school, extracurriculars, and friends
  • The child’s preference
  • The living conditions of each parent

There are many important factors to consider when determining what situation will most benefit the child. Speak to a lawyer for more information and legal counsel.