How does the court decide which parent will get custody of a child?
When the parents cannot agree on a custody arrangement, the Court will make the decision for them after considering the totality of the circumstances, with the overriding consideration being the child’s best interest. The court considers the following factors: 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 child; the parent’s ability to give the child guidance; the parent’s ability to provide the basic necessities such as food, shelter, clothing and medical care; the children’s routines; the willingness of the parent to encourage a healthy, ongoing relationship between the child and the other parent; and if the child is above a certain age, the child’s preference. The Court usually orders “shared parental responsibility” in instances where it finds the parties can cooperate on issues regarding their children. This means that bo
