When you and your spouse get divorced and divide up your time with the children, the court considers many different factors. After all, their focus is on making a decision that is in the best interests of the child, and they put that ahead of the parents’ desires.
If you’re dealing with any health issues, you should know that they can impact the case. The court will consider the physical and mental health of both parents.
There are a few reasons for this. One is that, as a couple, two parents may have been able to work together to raise the child. As co-parents after divorce, though, both have to be able to do so on their own. If one parent has physical health issues that mean they cannot properly care for the child without assistance, then the other parent may get custody of the child.
Another thing to remember is that the ailments themselves may have led to the divorce. Perhaps your spouse has a mental condition for which they refuse treatment, and you felt like that condition put you in danger. You filed for divorce because of it. The court may want both parents to stay involved when possible, but they’re never going to put the child into a potentially dangerous situation.
These cases can grow contentious and complicated. You may not agree with each other or with the court. You may need to get medical evaluations to see if you have any ailments or if your spouse does. There is a lot on the line, so it’s important to make sure you really understand your legal options.