When two parents break up, whether they are married or not, they must sort out their affairs. There must be a legally binding agreement that covers where the children will live most of the time.
Sometimes, both parents figure these things out together. At other times, the court must step in and make decisions on their behalf.
Either way, once everything is settled, the court typically creates an official document that outlines exactly what each parent is responsible for. This article applies to all types of child custody cases.
How Courts Decide Who Gets What
So, how do courts determine who gets custody and how it is divided? They don’t just pick randomly. There’s a legal standard they follow, and it’s called the best interests of the child. That phrase shows up a lot in custody cases.
It essentially means that the court’s primary focus is on what will help the child live a safe, stable, and healthy life.
Courts consider factors such as the child’s age, physical and mental health, and the emotional bond with each parent. They also consider each parent’s ability to care for the child, which includes their capacity to provide food, shelter, medical care, and a stable home environment.
Another factor that matters is the level of involvement each parent has had in the child’s life. Has one parent been more involved by helping with homework, attending school events, and handling day-to-day tasks? The courts look at that.
They also look at what kind of life the child currently has, what school they go to, what neighborhood they live in, what community or religious activities they’re involved in, and how moving them around might affect that.
In some states, older children (typically around ages 12 to 16) may even be allowed to share their preferences. If the child says they want to live with one parent more than the other, the court will at least listen, but they’ll still make a decision based on what’s best overall.
What the Law Says About All This
The laws that control child custody come from each state, but they’re mostly similar across the country. That’s because, except for Massachusetts and Puerto Rico, every U.S. state follows the Uniform Child Custody Jurisdiction and Enforcement Act.
So, even though states do have some wiggle room in how they apply the rules, the foundation is pretty much the same everywhere: protect the child, encourage both parents to stay involved when it’s safe, and create a stable plan that puts the child’s needs first.
Even when parents come to an agreement on their own concerning who gets the kids on what days and who makes what decisions, the court usually still has to sign off on it.
They want to make sure everything is fair and that neither parent was pressured or tricked into agreeing to something. This is basically a final check to make sure the child’s needs are really being put first.
What Happens When Someone Breaks a Custody Order
Now, let’s talk about what happens if someone breaks the rules. When the court gives out a custody order, it’s not just a suggestion—it’s a legal order. That means if either parent doesn’t stick to it, they can get in real trouble.
For example, if the noncustodial parent is supposed to have the child on weekends, but the custodial parent keeps saying no without a valid reason, that’s a problem. Even if the noncustodial parent is behind on child support, the other parent can’t just deny visitation. The law treats custody and child support as two separate things.
If either parent breaks the custody agreement, the court can hold them in contempt. That’s a serious thing. It could lead to fines, losing visitation rights, or even jail time in extreme cases. So, once there’s a court order, both parents are expected to follow it exactly as written unless the court changes it.
