What factors do courts take into account when deciding who gets custody of the children?
Almost all courts use a standard that gives the "best interests of the child" the highest priority when deciding custody issues. What the best interests of a child are in a given situation depends on many factors, including:
the child's age, sex, and mental and physical health | ||
the parent's mental and physical health | ||
the parent's lifestyle and other social factors, including whether the child is exposed to second-hand smoke and whether there is any history of child abuse | ||
the emotional bond between parent and child, as well as the parent's ability to give the child guidance | ||
the parent's ability to provide the child with food, shelter, clothing, and medical care | ||
the child's established living pattern (school, home, community, religious institution) | ||
the quality of the child's education in the current situation | ||
the impact on the child of changing the status quo, and | ||
the child's preference, if the child is above a certain age (usually about 12). |
Assuming that none of these factors clearly
favors one parent over the other, most
courts tend to focus on which parent is
likely to provide the children a stable
environment, and which parent will better
foster the child's relationship with the
other parent. With younger children, this
may mean awarding custody to the parent who
has been the child's primary caregiver. With
older children, this may mean giving custody
to the parent who is best able to foster
continuity in education, neighborhood life,
religious institutions, and peer
relationships.