Custody

Courts determine custody based on a child's best interest.

A parent who has served as the child's primary caregiver will normally be awarded custody of a child.

A court will consider various factors in determining custody:

• Relationship between parents and child

• Disposition of each parent to provide the child with food, clothing, medical care, education and other necessary care

• Degree to which a parent has been the primary caregiver

• Child's stability

• Mental and physical health of the parents

• Home, school and community record of the child

• Child's preference (more weight given for older children)

• Evidence of physical or emotional abuse to the child, to the other parent, or to any other person

• Character and behavior of any other person who resides in or frequents the home of a parent and the person's interactions with the child

• Each parent's or caregiver's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, consistent with the best interest of the child.

"Legal custody" normally means the right to make important decisions for the child while "physical custody" means parenting time with the child.