Family Law FAQ #8
How does a court decide which parent will get custody of a child?
When the parents cannot agree on a custody arrangement, the court will make the decision for them after considering the totality of the circumstances, with the overriding consideration being the child's best interests. To make that determination, the court considers:
- The child's age;
- The child's gender;
- The child's physical and mental health;
- The parents' physical and mental health;
- The parents' lifestyles;
- Any history of abuse;
- The emotional bonds between the parent and the child;
- The parent's ability to give the child guidance;
- The parent's ability to provide the basic necessities, such as food, shelter, clothing, and medical care;
- The child's routines, including home, school, community, and religious;
- The willingness of the parent to encourage a healthy, on-going relationship between the child and the other parent; and
- If the child is above a certain age, the child's preference.
In many cases, a consideration of these factors results in awarding custody to the parent who has been the child's primary caretaker. Although this is often the child's mother, any preference for the mother strictly on a gender basis is outmoded.
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