Child custody is an emotional subject for all divorcing couples. No parent wants to be separated from their child, nor do they want their child not to get the love from a specific parent. Courts usually give the most priority to the child’s best interests. They pay attention to what the child needs, rather than what the parents want.
Since courts want the best for all children of divorce, they consider various factors before awarding child custody to any parent. All of these factors determine whether a parent deserves to stay with the child or not. For any help regarding child custody matters, contact an Ottawa Divorce Lawyer.
Factors in a child custody case
- The wishes of the parents.
Even though the court prioritizes the child’s wishes, it does not ignore the parents’ wishes. The court asks each parent whether they want full custody of the child. If a parent says they do not wish to live with the child, the court will certainly not send the child to them. However, it does become complex when both parents ask for full custody.
- The wishes of the children.
Though the Ottawa court realizes that small children cannot decide for themselves and their decisions can often be biased, they still want to know the child’s preferences of whom they want to live with. However, if the court notices that the child chooses the parent who is likely to spoil them more than the other parent, it may not pay heed to their choice.
- Each parent’s relationship with children before the divorce.
Whether you are good with your children is a significant factor in a child custody case. In some cases, parents who were never close to their children during the marriage may suddenly start spending more time with them during the divorce to make it seem like they have a close-knit relationship with them.
However, sometimes this act may be genuine as well. Therefore, the court takes its time to evaluate how pure the parent’s intentions are before announcing a decision.
- Mental and physical health of the parents.
If one of the parents is mentally or physically unwell, the court may make a different accommodation for the child. Even if the parent has a good relationship with the child and the child prefers to live with them, the court won’t award child custody to someone who does not have the physical or emotional strength to raise a kid.
- Abuse or neglect.
The court is very strict when it comes to abuse or neglect. No child should ever endure abuse or feel neglected by their own parent. If a parent has a history of abuse or neglect, the court is less likely to favor them.