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When Determining How Custody of Children Should be Awarded…
Information Provided by: John Robert White, Esq.

The most important factor is the best interests of the children. Other factors are:

  • age, health, and sex of the children;
  • continuity of care prior to the separation;
  • parenting skills and willingness and capacity to provide primary child care;
  • employment of the parent and responsibilities of that employment;
  • physical and mental health and age of the parents;
  • emotional ties of the parent and the children;
  • moral fitness of the parents;
  • the home, school, and community record of the children;
  • the preference of the children at the age of twelve;
  • stability of home and employment of each parent;
  • other factors relevant to the parent-child relationship.

The court may award physical and legal custody to one parent, to both parents jointly, or it may award physical custody to one parent and legal custody to the other.

Information Provided by: John Robert White, Esq.

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If the couple is filing for divorce on the ground of irreconcilable differences, they can agree to joint custody and the court will grant it as being in the best interest of the child.
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"A Plain English Guide to Protecting Your Children"

Author: Mary L. Boland, Attorney at Law