How does a court decide which parent will get custody of a child?

The court decides all matters of custody and visitation by considering the child’s “best interest.” In this case, the child’s best interest refers to a set of statutory factors that a court must consider, including:

• 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 provide the basic necessities such as food, shelter, clothing and medical care;

• The willingness of the parent to encourage a healthy, on-going relationship between the child and the other parent;

• If the child is above a certain age, the child's preference; and

• Who has been the child's historic, primary caretaker.

The court will hear evidence supplied by the parties and may refer the case for a custody evaluation. At times, a psychologist, family therapist, counselor or child development specialist may be employed to assist the parties in determining the child’s needs.