Why Courts Rarely Separate Siblings During Custody Determinations

Posted on: 5 March 2018

If you have multiple children and you are going through a divorce, you should know that courts rarely separate kids. This means the custody arrangement that the court will issue is likely to apply to all the kids. Here are some of the reasons kids are rarely separated during a divorce:


In most cases, courts are of the opinion that stability is crucial to children's welfare, which is why they can do everything to minimize the effect of the divorce on the children's life. For example, if the kids have been used to attending the same school, going to the same church or playing with the same friends, the court may wish to enable them to continue with the same lifestyle. In practical terms, this means that if the kids have been living together in the same area, the court will want to keep them together in the same area.

Emotional Comfort

Even in cases where children have to be uprooted to another place, the courts may be more inclined to move all of them rather breaking them up. One reason for this is the emotional support the kids may get from one another, especially during this trying time when their parents are breaking up. Most kids with divorced parents will tell you that the comfort and support they got from their siblings are some of the things that helped them keep their sanity through and after the divorce. The courts know this too, which is why they will be more inclined to let the children all stay together or move together.


In most homes, it is not just the parents (or babysitters) who take care of the younger kids; their older siblings chip in too. For example, it might be that the older sibling helps the younger one prepare for school or take care of them in the evening before the parent's get home. It might get to a point where the younger one is so dependent on their older sibling that they prefer them over others.

Granted, it is possible for such a child to get accustomed to another helper or depend on the custodial parent alone, but why do that if it's perfectly alright for the children to stay together? Therefore, if the court finds evidence that one of the kids helps take care of the other, they may be reluctant to break up the relationship.

A family law attorney like Diane Dramko, Attorney At Law, can help you get the custody arrangement that is best for your kids and your situation. Don't forget to follow the lawyer's advice to bolster up your chances of success; that is why you are hiring them in the first place.