Are you in the process of divorce and separation and you are constantly wondering who between you and your spouse will get custody of your children? Even though it is not easy to guess exactly how your case will be ruled, you can expect that the judge’s main aim will be to ensure your children’s best interests.
Several parents find the best interests rule hard to understand. The question normally is, who wouldn’t want the best for their child? Probably no one but in many child custody proceedings, the child decides what is best for the child regardless of the parents’ good motives and competing desires.
Important factors to consider
Even though you have Custody dispute (Vårdnadstvist) assisting you in that child custody process, there are other factors that the court takes into consideration as indicated below;
- Every parent’s capability to fend for the child’s physical needs, medical attention, and emotional wellbeing. The court may also look into the sentiments of character witnesses on account of every parent.
- Any validated proof of domestic violence, neglect, or abuse by any of the parents.
- Whether either of the parents can offer a steady, loving environment. For most cases, the court requires each parent to yield to an evaluation to know more about this factor of the case before concluding.
- How disrupting the ongoing custody arrangement or continuing with it will affect the children.
- The desires of the children are also taken into consideration. That is if the children are old enough and can tell their wishes.
- The extent to which the children are attached to their current home, school surroundings, and neighborhood.
- The physical and psychological health of both parents as well as that of the children and how well the children relate to each parent.
- Each parent’s living accommodations at their respective homes, in most cases, the court wants to know whether there are enough rooms for each child to have their own.
- How willing each parent is to facilitate and back the ongoing relationship with the other parent. Custody dispute (Vårdnadstvist) insists that this is important to show the court that none of you will jeopardize the children’s relationship with the other.
- Whether there are false accusations of neglect or abuse labeled against either of the parents by the other.
- The ages of children in question. There is no particular rule about the ages of the children but courts prefer to ensure consistency more so in the case of young children. As they grow older, the courts can consider alternate arrangements.
- The desires of separating parents. The court takes into consideration what both of you want. It does not necessarily imply that your wish will be met but you will both be asked for the court to weigh their decision.
- The court will also want to know if you have been providing most of the children’s upkeep up to this far. The court mostly wants to preserve consistency.