Child Custody
Child custody is perhaps the most complex and emotionally-wrenching issue that couples going through a divorce have to resolve. When called upon to make a decision regarding the custody of a minor child, the Court’s primary concern is always “the best interests of the child” – not the concerns or convenience of the adult parties involved. The Court is required to apply numerous statutory factors, controlling case-law, and their own individual discretion. It is a fact-driven process, and the Court will try to craft a custodial situation that allows the child to enjoy the affection and encouragement of both parents whenever possible.
When awarding custody, the Court will consider the following factors:
- The parent's ability to instruct, inspire, and encourage the child to prepare for a life of service, and to compete successfully in the society that the child faces as an adult;
- The relative strength, nature, and stability of the child's relationship with each parent, including whether a parent has taken greater responsibility for performing parenting responsibilities relating to the daily needs of the child;
- The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interests of the child;
- Willful refusal to attend a court-ordered parent education seminar may be considered by the court as evidence of that parent's lack of good faith in these proceedings;
- The disposition of each parent to provide the child with food, clothing, medical care, education and other necessary care;
- The degree to which a parent has been the primary caregiver, defined as the parent who has taken the greater responsibility for performing parental responsibilities;
- The love, affection, and emotional ties existing between each parent and the child;
- The emotional needs and developmental level of the child;
- The character and physical and emotional fitness of each parent as it relates to each parent's ability to parent or the welfare of the child;
- The child's interaction and interrelationships with siblings and with significant adults, as well as the child's involvement with the child's physical surroundings, school, or other significant activities;
- The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;
- Evidence of physical or emotional abuse to the child, to the other parent or to any other person;
- The character and behavior of any other person who resides in or frequents the home of a parent and such person's interactions with the child
- The reasonable preference of the child if twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preference of older children should normally be given greater weight than those of younger children;
- Each parent's employment schedule, and the court may make accommodations consistent with those schedules; and
- Any other factors deemed relevant by the court.