In the majority of instances, the parents will
enter into a parenting plan which allows the children frequent and continuous
contact with both parents, and which affords each parent the opportunity to
share responsibilities and rewards of raising their children.
When the parents cannot agree, the court will
make general custody decision. The court will designate one parent to be the
primary custodian because this allows a degree of certainty and finality with
decision making, which benefits the children. Occasionally, joint custody is
allowed when the court is convinced that the parties are capable of sharing the
decision making process in a manner consistent with the best interests of the
children.
In determining child custody, the court bases
its decision on what is in the best interests of the children. The court
considers the following factors:
1. The love, affection and emotional ties
existing between the parents and child;
2. The disposition of the parent to
provide the child with food, clothing, medical care, education and other
necessary care and the degree to which a parent has been the primary care giver;
3. The important of continuity in the
child's life and the length of time the child has lived in a stable,
satisfactory environment;
4. The stability of the family unit of
the parents;
5. The mental and physical health of the
parents;
6. The home, school and community record
of the child;
7. If the child is 12 or older, the
preference of the child, if the child wishes to express a preference;
8. Evidence of physical or emotional
abuse to the child, to the other parent or to any other person;
9. The character and behavior of any
other person who resides in or frequents the home of a parent and such person's
interactions with the child.
Just because you are the natural parent does not
mean you will receive custody of your child. The court may award custody
to a non-parent if the court feels substantial harm will result to a child if
one or both of the parents is awarded custody.
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