How Does The Court Decide Who Gets The Children?
In making any decision regarding how much time a child will spend with either parent, or which parent will have primary custody, the court will always make that determination based upon the “best interests” of the child standard. In using the “best interests” standard, a court will look carefully at both parents in order to determine if there are any factors that make it better for the child to spend more time with one parent than the other. For example, if the mother has an 80 hour per week job and the father works part-time, that would be an important factor. In addition, any issues that either parent has related to a substance abuse problem, present or past criminal activity or any other type of unstable lifestyle will be carefully evaluated.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
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