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How Is Child Custody Decided After a Divorce?


When you’re going through a divorce, one of the most important aspects to remember is the well-being of your child.


When you legally separate from your partner, a variety of factors will be analyzed and taken into consideration that will help determine how the child custody is split between the parents.

Schedule and Availability

One of the many things a judge will look at when determining how custody is split is the availability of the parents. If one parent is more available than the other, it may be that parent will be considered a better fit for custody. Courts typically will also try to maintain consistency in the child’s life. Whether one parent has been taking care of the child primarily will also be taken into consideration.

Caretaking Abilities

Courts usually consider the everyday caretaking abilities of each parent when deciding custody. They will look at the history of their abilities, as well as also possibly consider opinions of character witnesses on behalf of the parents. Caretaking abilities could include:

  • Bathing, grooming, and dressing

  • Meal preparation

  • Purchasing and washing clothing

  • Teaching and helping of schoolwork

  • Participation in extracurricular activities

  • Planning leisure activities

Economic Stability

The incomes of both parents will be looked at upon consideration of child custody. In addition, living accommodations are essential to the economic stability of the child’s wellbeing. Some courts will require or prefer each child to have his or her own room.


Many non-employed wives, however, will have to enter the workforce after a divorce. After a period of absence working due to the caretaking of the children, the wife’s income could be lower than that of her husband. This will be something that will also be taken into consideration and that which an experienced child custody attorney can help you settle.

Mental and Physical Health

These factors don’t automatically disqualify a parent from obtaining custody of their child. However, the courts will always try to attempt to do what’s in the best interest of the child. If the mental or physical health of a parent hinders him or her from properly taking care of the child, the court may see that as a deciding factor in determining custody.

Get the Help of an Experienced Bartow Child Custody Attorney


Although there are many factors that will be taken into consideration, there is no exact formula that will determine how child custody is split or decided. That’s where an experienced family law attorney can help.


Deciding on custody of your child can be a sensitive and sometimes heated subject for both parties of a divorce. At Advocate Law Firm, P.A., we are committed to you and your family’s best interests.


Contact our firm at (863) 644-5566 to get a seasoned family law attorney in your corner.