If the parties cannot agree on custody, what factors will a Court consider when deciding which parent should have custody of a child?
The Court will look at a number of factors, and will determine, under the totality of the circumstances, what is in the child’s best interest. In order to decide which parent should have custody, the Court will consider many factors, including but not limited to: • The emotional ties between the child and other family members; • The interest of the parties in and attitude toward the child; • The desirability of continuing an existing relationship; • The abuse of one parent by the other; • The preference for the primary care giver of the child, if the care giver is deemed fit by the Court; and • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
Related Questions
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