Typically, when parents divide custody of their children during a divorce, the children will stay together. For instance, say that a couple has two children who are six and eight years old. They decide to exchange physical custody every other week. This means that both children will live together with their father for one week, and then they will both live with their mother for the next week.
Split custody, on the other hand, divides the children. One child may live with their father 100% of the time, while the other always lives with their mother. These cases are very uncommon, as most courts seek to rule in the best interests of the children — and they believe that keeping children together is almost always in their best interests. But there are some exceptions to this rule.
Addressing the child’s needs
Most of the time, the court will only grant split custody if they think it benefits the child or addresses specific needs that they have. For instance, maybe one child has a disability or a developmental delay. One of the parents has been entrenched in the role of the main caregiver during the marriage. Not only does this parent know exactly what type of care the child needs, but the child may actually do better being with them all of the time.
Even in a situation like this, however, the court may not move toward split custody. They could give one parent full custody of both children at all times, while giving the other parent frequent visitation rights so that they can check in with the children and still be involved with them. This also allows the children to remain together so that they can develop their own relationship as siblings.
This highlights some of the complexities of child custody cases and why it is so important for parents to understand their legal options while going through this process.
