How is Child Custody Determined?
There are a few factors that determine the outcome of child custody decisions in British Columbia. Above any other factor, the court will always consider the best interests of the children first.
They will, however, take other factors into consideration when determining what the best interests of the children are. This includes:
• The parent-child relationship
• Respective parenting abilities
• The mental, physical, and emotional health of each parent
• The relative financial stability of each parent
• The typical schedule of each parent
• Support systems available to each parent
• Care arrangements prior to separation
• Any sibling issues
• The child’s wishes
The court will put the best interests of the children above all else when under the age of 18. However, once a child turns 12, their wishes to live with one parent or another is usually respected by the courts.
The past behaviour of a parent will not be taken under consideration in a custody decision.
However, if there are extenuating circumstances which directly reflect on the person’s ability to act as a parent, the court will consider them.
This includes things like substance abuse or allegations of abuse or neglect. Adultery and other marital offences are not sufficient to deny custody.