The Judge’s considerations will vary depending on whether the issue is initial custody, modification of custody, relocation of the child, etc. However, in general, in determining initial custody between parents of the child, the Court considers twelve factors to determine the custody arrangement that serves the best interests of the child. Following is a list, in no certain order, of the factors the Court may consider:
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- The love, affection, and other emotional ties between each party and the child.
- The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.
- The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.
- The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.
- The permanence, as a family unit, of the existing or proposed custodial home or homes.
- The moral fitness of each party, insofar as it affects the welfare of the child.
- The mental and physical health of each party.
- The home, school, and community history of the child.
- The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
- The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.
- The distance between the respective residences of the parties.
- The responsibility for the care and rearing of the child previously exercised by each party.
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- If you would like more information as to how your circumstances may be viewed in light of these factors to determine the strength of your case, please contact us at 337-460-7987 or by clicking here.