Does race play a role in a custody case?

As someone in a mixed-race marriage, you know that your divorce could make things complicated. Not only do you have mixed-race children, but you also have family on both sides to consider. Culturally, you and your spouse may be different, but for your children’s sake, you need to make your cultures work together.

Your primary concern at this point is who will obtain primary custody of your children. While most courts do like to see children in shared custody or joint custody, that might not be possible depending on the situation. One thing you should know, though, is that your children won’t be assigned to a parent based on skin color alone.

While looking like a certain race may help a child feel more connected to one side of his or her heritage or culture, that’s not something the courts like to consider. Overall, judges want to make sure a child is cared for and living in the best situation possible. That doesn’t necessarily mean living with the parent he or she looks like more.

It’s unlikely that race will play a role in your divorce and child custody arrangements. If you’re concerned about it, talk to your spouse about developing custody arrangements on your own. If you can come up with your own parenting plan, a judge will be less likely to designate one for your case and instead will approve or seek alterations to the plan you’ve already designed. If you have other concerns, remember that your attorney can help you prevent bias during your divorce.

Source: DivorceSupport.com, “What about custody in an interracial marriage?,” accessed Jan. 17, 2018