The Paramount Consideration
In any parenting decision, the child's best interests are the paramount consideration. This overrides parents' wishes, convenience, or "rights."
Primary Considerations
Safety
Protecting children from:
This is the first and most important factor. Safety trumps everything else.
Meaningful Relationship
The benefit of children having a meaningful relationship with both parents, where safe to do so.
Note: This doesn't mean equal time. It means maintaining a significant connection with each parent.
Additional Considerations
The Child's Views
Depending on age and maturity, what the child wants carries weight. Older children's views are given more consideration.
The Child's Relationship
With each parent, siblings, grandparents, and other significant people.
Practical Matters
- Parents' capacity to provide
Parent Factors
- Willingness to facilitate relationship with the other parent
Common Misconceptions
"Children should always spend equal time"
False. Equal time is only appropriate when it's in the child's best interests and practicable.
"Mothers always get custody"
False. Gender is not a factor. Outcomes depend on circumstances.
"Children choose who they live with at 12"
False. Children don't get to choose. Their views are considered but not determinative.
How Courts Decide
1. Consider safety first
What You Can Do
- Focus on your child's needs, not "winning"