You and your spouse can decide which of you will have custody of your children. If you are unable to resolve this question, then a court will resolve the issue of custody for you.
Judges consider a variety of factors in determining which parent is entitled to custody including:
- the age of the child
- the time each parent has available to spend with the child
- the stability of the parents
- efforts by either parent to undermine the other parent
- abductions
- moves out of state
- facilitation of visitation and involvement of the other parent
- child abuse and neglect
- drug and alcohol problems
- religion
- non-marital sexual relationships and
- the preferences of the children.
In almost all cases, the parent not being awarded custody will be awarded a period of visitation with the child. Typically, the natural parents of the child are awarded custody; however, the law provides for custody by grandparents and other third parties when circumstances warrant such an arrangement.
Lee is the founder of Rosen Law Firm and, while retired, still lives on through this website, a huge repository of information to help educate people about family law. It demystifies the divorce process, sharing the secrets and information that other lawyers normally try to keep hidden. Today, this website contains a vast assortment of webinars, legal forms, statutes, Q&As with lawyers, audio and video courses, articles, and lots more.
