Physical Custody Factors for Court Consideration:
Expert Testimony
Recommendations from counselors, psychologists or psychiatrists.
Family Unit
Keeping the children together.
Fitness of Individual
Past history of actions and statement 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
The one who cares for feeding, bathing, purchasing clothing, medical cares, social life, discipline and education.
Stability
Has the parent moved frequently or changed jobs frequently.
Status Quo
If the child(ren) are happy and healthy, why change the custody arrangement.
Custody Definitions
Legal Custody
The right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions.
Physical Custody
The actual physical possession and control of a child.
Shared Legal Custody
The right of more than one individual to assume physical custody of the child, each having significant periods of physical custodial time with the child.
Partial Physical Custody
The right to assume physical custody of the child for less than a majority of the time.
Primary Physical Custody
The right to assume physical custody of the child for the majority of the time.
Visitation
The right to visit a child. The term does not include the right to remove a child from the custodial parent's control.
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