What the Court Looks at when Deciding Child Custody

Joint or Full Physical Custody?
What does the court take into consideration?

The courts take into consideration many factors when deciding whether physical custody should be awarded to one parent or be split 50/50. If you answer the questionnaire below it will give you an idea of the questions the court considers when determining which parent (or both) should be granted physical custody.

The ability to give the love and affection to the child: Who feeds and bathes the child?
Who stays home with the child if he/she is sick?
Who puts the child to bed?
How do you show your child love?
What activities do you share with your child?
How involved are you with their school and extracurricular activities?
Who teaches manners and etiquette?
Who arranged for baby sitters, school enrollment, religious education?
Who buys the clothes and toys for the child?
Who schedules dentist and doctor appointments?
What is the earning ability of each of the parties and do they both manage money well?
Will the child’s home be the same of in a new location? If new, where?
Is the home safe and stable?
Whose home provides the safest, stable environment with love, guidance and moral and educational direction?
Where do the child’s friends live?
Where is the family members of the child nearest to?
Are their other siblings and what is their relationship to the child?
Is there any drug or alcohol abuse by either parent?
Is there any allegations of physical or sexual abuse of the child or any other child?
Is there spousal abuse?
What is the physical health of both parents?
Is there any history of mental illness in either parent?
Does either parent have any criminal record, including DUI’s?
What is the attendance record of the child at school?
Does the child like school?
Does the child have any responsibilities in the home? Who enforces them and how?
Does the child have close friends near either parent?
Does the child have a preference on where they live? Why?
How do you get along with your ex?
Has there been physical or verbal abuse in your relationship with your ex?
Has there been acts of adultery in the marriage?
Is either parent living with another person of the opposite sex?
Are there any physical disabilities that would effect the ability of either parent to care for their child?
Are there any mental illnesses that may effect the ability of either parent to care for their child?
What are your best attributes as a parent?
What are your spouses best attributes as a parent?
What are your worst attributes as a parent?
What are your spouses worst attributes as a parent?
Has there been any domestic violence in your home in the past? What were the circumstances and which parent was responsible?
Are there any police reports of domestic violence in your home?