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When
determining custody disputes, courts consider twelve factors. No
one factor is deciding, and all are taken into account and balanced
when determining the custody outcome. Custody can be decided in
a number of ways, including joint physical and joint legal custody,
sole physical and legal custody, or a combination of the two such
as joint legal but sole physical custody.
The issues
taken into account, and explicitly detailed in statutory law, are:
- The love,
affection and other emotional ties existing between each parent
and the child(ren).
- The capacity
and disposition of each parent to vive the child (ren) love, affection,
and guidance and to continue the education and raising of the child
(ren) in the parent's religion or creed, if any.
- The capacity
and disposition of each parent to provide the child(ren) with food,
clothing, medical care or other remedial care recognized and permitted
under the laws of this state in place of medical care and other
material needs.
- The length
of time the child(ren) has (have) lived in a stable, satisfactory
environment and the desirability of maintaining continuity by having
the child(ren) remain with that parent.
- Whether the
existing or proposed custodial home or homes will allow the child(ren)
to continue and/or develop ties with each parent's family members
and close friend.
- Moral fitness
of each parent.
- Each parent's
mental and physical health.
- The home,
school, and community record of the child(ren).
- The reasonable
preference of the child(ren), if the court considers the child(ren)
to be of sufficient age to express preference.
- Each parent's
willingness and ability to facilitate and encourage a close and
continuing parent-child(ren) relationship between the child(ren)
and the other parent or the child(ren) and the parents.
- Domestic
violence, if any, regardless of whether violence was directed against
or witnessed by the child(ren).
- Any other
information that has not been discussed but the court might consider
relevant to a particular child in this custody dispute.
Disclaimer
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