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What if parents cannot agree on a child custody agreement?

On Behalf of | Aug 3, 2025 | FAMILY LAW - Child Custody

One of the biggest difficulties of getting a divorce as a parent is creating a child custody arrangement. Parents can work together to decide on physical and legal custody rights of their children. This means parents can work out a custody schedule to plan how much time children spend with each parent. And, parents can decide on how their children are raised after a divorce. However, some divorcing parents cannot create custody arrangements without fighting.

When parents cannot agree on a child custody agreement, a court may make a custody order for them. Before a court creates a custody order, there are a few considerations to make. Here is what you should know:

How does a court decide which parent gets child custody?

A court has to consider a few factors before giving parents custody rights. The primary factor that could influence a child custody case is the best interest of the child. The best interests of a child mean anything that could affect a child’s safety, welfare and well-being. Here are a few factors courts may consider: 

  • Does a parent have a stable income?
  • Does a parent live in a safe neighborhood?
  • Does a parent travel often?
  • Do parents live close to each other?
  • What is the relationship between a parent and their child?
  • What is the relationship between a child and the extended family?
  • Does a parent have any physical or psychological conditions?
  • Does a child have any physical or psychological conditions?  
  • Does a parent have a history of child abuse?
  • Does a parent have a history of criminal activities?

In some child custody cases, a court may believe a parent is not fit to raise their children after looking at all of the facts. In other cases, parents may be allowed to share custody rights. These are just a few possible outcomes after a court considers the best interests of a child. Professional legal guidance can help parents negotiate a child custody arrangement during a court hearing.