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When custody plans are decided in a divorce or custody case, siblings are usually treated the same. They are part of the same parenting plan and follow the same schedule. It is generally considered against the best interests of children to separate them from their siblings and deciding one parent should have one child while the other gets the second is not a reasonable compromise in your custody case (and it’s likely the judge would not approve it unless there are exceptional circumstances).
The court will consider splitting siblings between homes if it truly is in their best interest, and this happens very rarely. If two siblings have a documented history of violent fights this could be a reason. If one sibling needs to attend a special school that is near one parent’s home while it is better for the other child to attend a school closer to the second parent’s home, it might be reasonable to split the children up.
When children are teens, the court takes their opinions into consideration when determining custody and if all of the teens truly believe living in separate homes would be best, the court might agree, but it is not a decision that is made lightly.
If there are special circumstances that lead you to ask the court for a split custody plan, it is important to create a parenting time schedule that not only allows children time with both parents, but also with each other. The sibling relationship needs to be maintained and supported.
The Sampair Group handles family law and custody cases in Maricopa County, Arizona. Your family law case is important to us. Call us today.
