No-fault divorce has no direct impact on child custody decisions, which remain focused on the child’s best interests

Child custody determinations are made independently of the divorce grounds and focus entirely on what arrangement will best serve the child’s wellbeing. The court considers multiple factors when determining custody, including:

  • The child’s physical and emotional needs
  • Each parent’s ability to provide care and maintain stability
  • The child’s existing relationships with both parents
  • The child’s ties to school, community and extended family
  • Any special circumstances affecting the child’s welfare

Parents can work with family mediators and legal professionals to develop a comprehensive parenting plan that addresses custody and access arrangements, regardless of the divorce type. The goal is always to create an arrangement that provides children with consistency, security and meaningful relationships with both parents.