Who Gets the Children in a Divorce?

Mother and child

When a marriage ends in divorce, one of the most difficult decisions to make is who will have custody of the child. Divorce can be an incredibly emotional and traumatic experience, and trying to determine who will be best suited to care for a child often adds an extra layer of stress. In this blog post, we’ll explore the various factors that must be taken into consideration when determining who gets the child in a divorce.


Divorce is an emotionally charged process and the decision of who gets the child can be a difficult one. With dating, relationships, marriages, and breakups all playing a role in how the decision is made, it’s important to understand what factors are considered when awarding custody and how custody is ultimately decided. In this blog post, we will discuss what factors are taken into account when deciding who gets the child in a divorce, the different types of custody, visitation rights, and what happens if the parents can’t agree on custody

What factors are considered when awarding custody?

When a couple divorces, one of the main issues that needs to be addressed is who gets the child or children in the divorce. Courts typically look at a variety of factors when determining which parent will receive custody of the child. These factors include:
• The relationship between the child and each parent: The court will take into consideration how close the child is to each parent, how often they see each other, and how well the parents communicate with each other regarding their child.
• Each parent’s living situation: Courts consider the living conditions of each parent. This includes the environment, stability, and safety of each parent’s home.
• Financial resources: The court may consider each parent’s financial resources to determine which parent can provide the best standard of living for the child.
• The child’s age and wishes: If the child is old enough to make an informed decision, their opinion may be taken into consideration. The court may also look at any siblings involved to make sure that they can stay together.
• Parental fitness: Courts will look at any evidence presented that may show that one parent is more fit than the other when it comes to parenting. This includes any history of drug or alcohol abuse, criminal activity, domestic violence, or mental health issues.
• History of dating and relationship breakups: The court may look at how each parent handled prior relationship breakups and dating partners in order to gauge how they would handle a divorce.
• Marital misconduct: If marital misconduct (such as adultery or abandonment) was a factor in the marriage dissolution, this can be taken into consideration by the court when making a custody decision.

How is custody decided?

The custody of a child is decided by the courts when a couple with children goes through a divorce. In order for the court to determine who should get custody of the child, it will consider multiple factors. The courts will look at the stability of each parent’s home life and their relationship with the child. They will also take into account any criminal record, drug or alcohol abuse history, and any domestic violence incidents.

In addition to looking at the parents’ individual lives, the court will consider the relationship between the two parents. If one parent has been caring for the child full-time throughout the marriage and the other has not been as involved, that parent might be awarded primary custody. The court may also take into consideration the relationship between the child and each parent. If one parent has been abusive or emotionally distant, that could be considered in the decision.

Finally, the court will consider any changes in living arrangements since the breakup of the marriage or relationship. If one parent has begun dating again, or if one parent moved out of state, this could factor into the decision of who gets custody. Ultimately, the court wants to ensure that whatever decision they make is in the best interests of the child.


When it comes to the outcome of divorce proceedings and who gets the child, it is important to note that each case is unique and there are a number of factors that will be taken into consideration when making the final determination. Ultimately, the best interests of the child are the primary concern. If you have further questions about custody issues related to divorce, Breakup, or Marriage, don’t hesitate to contact us. We can provide you with advice, resources, and coaching from Coach Brad on how to move forward with your Dating and Relationship goals.