How do courts determine child custody?
The court will determine legal custody (which is the right to make decisions pertaining to the child’s health, safety, education, religion, and welfare) and will determine parenting time (which is the amount of time each parent has the child in his or her care). A person’s parenting time can also be referred to as their “access schedule” or, historically, as their visitation time. The court makes these decisions based on the best interests of the child, taking into account several factors, which include in part: 1. The wishes of the child’s parent or parents as to custody. 2. The wishes of the child as to the custodian. 3. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest. 4. The child’s adjustment to home, school and community. 5. The mental and physical health of all individuals involved. 6. Which parent is more likely to allow the child frequent and m
