Child custody factors

The court will consider any history of abuse by either parent against any child, the other parent, or any other close relation. Any finding of abuse will make it difficult for the perpetrator to get any custody, even joint.

It is usually in the child's best interests for children to have the companionship of their siblings. Typically, siblings will be kept together whenever possible. In other words, courts will not split up siblings, giving custody of one child to one parent and custody of the other child to the other parent.

The court will not consider as a factor, the relocation of one parent from the home, as long as the absence is of a short duration, and the parent wants to and has kept contact with the child.

The court will, however, consider a relocation from the family residence when the parent who has moved out has done so because of a protective order. In addition, the court will consider relocation when the parent has abandoned the child because they want to have the child declared free from their control.

The court may not prefer a parent as custodial because of their gender, race, physical handicap, or economic position.

The court will consider a child's wishes in making a custody order, as long as the child is old enough to have an intelligent preference. There is no rule for when the court will abide by the child's wishes. Rather, it is the child's maturity that is controlling. Children as young as 10 were considered as mature, but the wishes of a 14-year-old were not considered in other cases.

If a child has lived with one parent for a long period of time, the court will usually find that the need for stability and continuity is important in awarding custody.