In some senses, the court has to determine what is in the child's best interests in every divorce case in which children are involved. There are just so many factors that come into it. Questions they ask include things like:
- How old is the child?
- What does the child want?
- How can the parents support the child?
- Who is the caregiver?
- Do parents offer a safe living situation?
These are just a handful of examples, but courts could look at potentially hundreds of different factors to see what they feel gives the child the best possible future. It's important to know how this works.