Custody

Under this general heading are issues of legal custody, primary physical custody and partial physical custody.  The guiding criteria for the Court at all times is the best interest of the child(ren).

In matters involving primary physical custody, the courts look to factors such as (listed alphabetically):

Expert Testimony - recommendations from counselors, psychologists or psychiatrists

Family Unit - keeping children together

Fitness of Individual - past history of actions and statements and ongoing physical or emotional illness.

Home Environment - supervision available, closeness of schools, availability of playmates, cleanliness and adequacy of home to handle the number of people intended to live within the household.

Primary Caretaker - who cares for feeding, bathing, purchasing clothing, medical care, social life, discipline and education.

Stability - has parent moved frequently or changed jobs frequently

Status Quo - If the child(ren) are happy and healthy, why change the custody arrangement

Several definitions that may help you understand the discussion of Custody are as follows:

Legal Custody - The legal right to make major decisions affecting the best interest of a minor child, including, but not limited to medical, religious and educational decisions.

Physical Custody - The actual physical possession and control of the child.

Shared Legal Custody - The right of both parents to have input in major decision making. Generally granted by the Court in most cases. Shared Physical Custody - A close to equal sharing of time of custody with each parent. This is not granted as frequently and the courts have required that both parents be fit, desires to continue and active involvement with the child(ren), are able to communicate regarding the child(ren) and are recognized by the child(ren) as a source of security and love.