How does the court decide where my children will live?
The point of having the court decide who gets “Custody of the Children” is to have an impartial, unbiased entity determine the best interest of your children. This entity does not know you or your ex. The decision made is based on information on you and your spouse, provided by you and your spouse. (Phrases like “the mud flies”, “dirty laundry” and “skeletons in the closet” come to mind.)
1) The love, affection and other emotional ties existing between the parties involved and the child.
2) The capacity and disposition of the parties involved to give the child love, affection, and guidance and the continuation of the education and raising of the child in his or her religion or creed, if any.
3) The capacity and disposition of the parties involved providing the child with food, clothing, medical care, or other remedial care recognized and permitted under the laws of the state in place of medical care and other material need.
4) The length of time the child has lived in a stable, satisfactory environment, and the desirability of marinating continuity
5) The permanence , as a family unit, of the existing or proposed custodial home or homes
6) The moral fitness of the parties involved.
7) The mental and physical health of the parties involved
8) The home, school, and community record of the child
9) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference
10) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents
11) Domestic violence, regardless of whether the violence was directed at or witnessed by the child
12) Any other factor considered by the court to be of relevance to a particular child custody dispute.
Tags: child custody children live guidelines judges determine
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