Who receives custody of the children in a divorce?
A. When faced with the issue of custody the Court considers several factors including but not limited to the following Where did the children reside prior to appearing in court (with mother or father) The length of time the children have resided with one party prior to appearing in court Have the children thrived while in the care and custody of the custodial parent The character and reputation of each party Whether there have been any agreements between the parties concerning custody and visitation Whether the parties have formed an agreement by virtue of their behavior (i.e. one party leaves the marital home with the children but allows the children to spend every weekend with the opposing party). The court will likely view such a pattern of behavior as an actual agreement regardless of whether anything is in writing The mental health of the parties and Whether there has been any domestic violence involving the children and/or parties. Additionally any of the following factors would