When a court is determining child custody in a divorce matter, the primary consideration the best interest of the children. The court will consider a variety of factors when making a determination, including,
- The child’s relationship with each parent; this includes the child’s emotional, physical and
physiological relationship with each parent.
- The child’s preference is the child if old enough and has the ability to express a preference, the
court will take that into consideration.
- The parent’s ability to provide for the child’s emotional and physical needs, such as parent’s
income, employment and living situations.
- The parent’s ability to co-parent which includes the ability to work together to make decisions
and communicate effectively.
- The child’s stability and continuity; the court will consider the child’s current living situation and
the continuity of that situation in regard to education, relationships and community.
- The child’s safety; the court will consider if there is any history of abuse or neglect by either
- The parent’s moral fitness; the court will consider any history of criminal activity, drug or alcohol
abuse or any other behavior which may put the child at risk.
- The parents; work schedule and availability to care for the child.
It is important to note that these are not the only factors the court will consider, and the weight given to each factor will vary depending on the specific case. Additionally, the court may also consider any other relevant information that may be presented to them.