Can each child live with a different parent?

Attorney Michael Fischer

 Mike’s Answer:

The courts prefer that parents agree to an amenable custody schedule between themselves. The courts do not like to intervene in intimate family relationships and if it makes sense to both parents for one child to be with the mother and one child with the father, generally there will be no problems with that arrangement. However, with virtually every study in existence concluding that is is generally detrimental to split siblings between different homes, you should be prepared for extra scrutiny by the court. The court looks to the best interest of the child or children and will act accordingly closly scrutinizing how it is in the children’s best interest to be separated from his or her sibling..

  • A good example of such a scenario would be where one child is a teenager and the second child is a toddler. If one parent moves away and can no longer send the teenager to a preferred high school, it may make sense for the older child to live with the parent nearest to the school. Rather than disrupt the teenager’s education and social activities, it might be better for them to stay with one parent while the younger child, who has less attachments, may go with the other parent.

Posted in: Child Custody, Family Law