When parents separate, the central legal issue is the Allocation of Parental Responsibilities (APR), which encompasses both decision-making for the child (health, education, religion) and the parenting plan (the schedule of physical time). In every case, the court's ultimate determination must be based solely on the best interests of the child. Our role at Erskine Family Law Firm is to help you build a compelling case that addresses each factor the court considers. Schedule a consult today!
Key Factors Considered in APR Decisions
The Ability to Encourage the Other Relationship
One of the most heavily weighted factors is each parent's ability to promote a loving and healthy relationship between the child and the other parent. Courts look for evidence that a parent can set aside their personal conflicts and actively support the child's bond with the co-parent.
The Child’s Relationship, Adjustment, and Wishes
The court carefully assesses the child's interaction and relationship with each parent, their siblings, and their overall adjustment to their home, school, and community. A history of stability and strong emotional ties is highly valued when developing a parenting plan. Additionally, if the child is deemed mature enough, their reasoned and independent preferences regarding the co-parenting schedule and living arrangements will be considered.
Mental, Physical, and Historical Involvement
The mental and physical health of all individuals involved is a key consideration, though a disability alone cannot restrict parental rights. More important is the past pattern of involvement each parent has demonstrated with the child. The court evaluates whether this history reflects a system of values, time commitment, and mutual support.
Geographic Proximity and Parental Cooperation
The physical distance between the parents’ residences is a practical, but important, factor that affects the viability of any proposed co-parenting schedule and school stability. Furthermore, for the court to consider awarding joint decision-making, it must find credible evidence that the parents can cooperate and make joint decisions in the future.
Secure a Fair Allocation of Parental Responsibilities
Erskine Family Law Firm diligently prepares your case by addressing the core statutory criteria, helping you negotiate a strong parenting plan that ensures your child’s needs remain the priority. Contact us to protect your parental rights and secure the best outcome for your child!