How does a court decide whether to order shared parenting or order one parent to have custody of the children when a marriage ends?
To determine whether shared parenting is in the best interest of the children, the court considers many factors, including: * the parents ability to cooperate and make joint parenting decisions; * each parents ability to encourage contact and the sharing of love with the other parent; * any history of, or potential for, child or spousal abuse or other domestic violence, or parental kidnapping by either parent; * where the parents live in proximity to each other (for practical shared parenting reasons); and * the recommendation of the childs guardian ad litem, if applicable. For cases in which shared parenting is not in the best interests of the children, the court will select a parent (the “residential parent”) to have custody of the children. The court will grant parenting time rights to the other parent.
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