Divorce Custody Age

After a divorce, the next battle is for the custody of the child. As both parents love their child and are willing to take the responsibility, courts have established guidelines to ensure that there is adequate involvement of both the parents in the raising of their children. One parent is generally awarded physical child custody so that he/she is responsible for keeping the child with him/her. This “custodian parent” takes care of providing a stable and healthy home environs for the proper growth of the child. The other parent becomes the non-custodian parent who has visitation rights. However, the next question is: what is the criterion on which child custody is awarded to one parent while the other parent becomes the non-custodian parent with visitation rights?

Apart from factors such as: who has been the “primary caretaker” of the child, which parent can provide the benefits which would be for the best interests of the child, the age may be a valuable determining factor.

It is to be pointed that the law does not give the right to choose to a child who is 18 years old and below it. However, practices are gradually changing and according to children’s rights, some consideration for the opinion of the child is made.

Does the child’s age play a critical role?
Yes and no!

Reasons are elaborated below: