Divorce dispute over child's residence: does higher income win in court?

A woman identified as Maija sought advice after her divorce, since both she and her ex-husband believe their eight-year-old daughter should live primarily with them. Maija has been the parent handling daily care — taking the girl to school and doctor's appointments, tracking schoolwork and extracurricular activities. Her ex-husband argues he can offer a bigger apartment, a more stable income, private schooling and more opportunities. Maija worries that if the dispute reaches court, the wealthier parent might be favored.

What the law says

Attorney Lauris Klagišs explains that courts do not try to determine which parent is "better," but instead assess which arrangement best serves the child's interests. Higher income or a larger home do not decide the matter on their own — what matters far more is who has actually provided day-to-day care, the emotional bond with the child, and the child's established environment, including school, friends and routine.

What courts consider

Courts may weigh statements from teachers and doctors, communication with schools, and other evidence showing which parent has truly been involved in the child's life. The parents' ability to cooperate also matters — if one parent regularly obstructs contact or tries to turn the child against the other, this can weigh against them. An eight-year-old's opinion may also be heard if it is independent and well-reasoned, though it is not the only factor. A guardianship authority's opinion also plays a role in the process, though the final decision rests with the court.