Child custody cases are increasingly becoming popular due to the surging rate of divorce or spousal separations. Deciding child custody poses a lot of challenges and dilemmas as a judge has to consider many factors. Judges should critically analyze the situation surrounding the divorces before making the final decisions. Importantly, the final decision on a custody case should reflect the best interest of the child.
A judge should consider several questions and aspects when deciding which a parent a child should live with. First, the age of a child is the first thing that the judge should consider. Children who are below five years should be given to primary caregivers ( Archer-Kuhn, 2019) . Secondly, the judge should consider every parent’s living situation. Parents who live in a family home should be given priority because such an environment enhances child stability, as well as continuity in their lives. Thirdly, the judge should consider the relationship between the child and each parent before the divorce. It is important for a parent who has actively been involved in the life of a child to be given primary custody ( Archer-Kuhn, 2019) . Thus, the decision of a judge should ensure the stability and continuity of the life of the affected child.
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At the same time, the judge needs to ask the child what he or she desires because the ultimate custody decision should be in the interest of the child. Children who are older than 12 years should be allowed to share their opinion and express their desires during a custody case ( Archer-Kuhn, 2019) . The desire of a child should be considered because he or she has lived with the parents, allowing him or her to share the experience with each child. Also, by allowing the children to share their desires, the judge reduces the risk of them being exposed to the abusive parent ( Silverman et al., 2014) . However, the child's desire or preference should not solely determine the final decision because many factors can influence it.
Even though mothers are assumed to be the primary caregivers, they should not automatically be given child custody. Just like fathers, mothers can also abuse their children or subject them to unfavorable living conditions ( Archer-Kuhn, 2019) . Also, it is possible for mothers to be careless and irresponsible, which may endanger the life of a child. Therefore, preference should not be given to either parent but should be based on the best interest of the child.
Besides, the decision by the judge can result in sole or joint custody. Sole custody refers to a situation where one parent is given exclusive rights to physically and legally take custody of a child. A parent who is granted sole custody makes all decisions regarding the life of a child. The major advantage of sole custody is that it ensures stability and consistency in the life of a child ( Cancian et al., 2014) . Besides, it is ideal in situations where both parents cannot work together. However, sole custody increases resentment between parents, which may adversely affect the child.
Joint custody, on the other hand, is a situation where both parents are granted the physical and legal custody of the child. Both parents, therefore, equally share responsibility in taking care of the child. Joint custody is advantageous because it allows the child to live under the influence of both parents, which is essential for child development ( Cancian et al., 2014) . At the same time, it reduces parental stress, especially concerning raising a child. Nonetheless, joint custody can be stressful for a child when parents are frequently involved in disputes.
In conclusion, the decision about which parent the child should live with should be based on the best interests of a child. Judges should ensure that they consider all factors that influence the life of a child before making the final decision. Also, no preference should be given to either parent because of gender. Children deserve to live in a stable and conducive environment.
References
Archer-Kuhn, B. (2019). Understanding the Parent Experience in Child Custody Decision- Making: How Social Workers Can Help. Families in Society , 100 (2), 200-212.
Cancian, M., Meyer, D. R., Brown, P. R., & Cook, S. T. (2014). Who gets custody now? Dramatic changes in children’s living arrangements after divorce. Demography , 51 (4), 1381-1396.
Silverman, J. G., Mesh, C. M., Cuthbert, C. V., Slote, K., & Bancroft, L. (2014). Child custody determinations in cases involving intimate partner violence: A human rights analysis. American Journal of Public Health , 94 (6), 951-957.
