How is child custody determined?

There are over a dozen factors that are considered in determining custody of a child. These factors together are what is called the “bests interest of the child,” and the general theme is that the Court wants to do what is best for the children, despite any differences between the parents. Almost any decision that directly affects the children will be run through those factors. 

When it comes to custody, the Court’s default position is to provide both parents with joint legal and physical custody. This means that the child spends time with both parents and both parents get to make decisions about the child. Doing something else generally requires having a very good reason for deviating from the default position.


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