How does the court decide who will get custody of the children?
One of the most difficult divorce issues arises when you and your spouse cannot agree on custody of your children. If the parties cannot decide on custody and placement arrangements then the judge will make the decision. He will award custody and primary physical placement using the "best interests" of the child or children as the legal standard.
The judge will also consider the wishes of the child and parents, as well as the mental and physical health of those living in the proposed custodial household. If professionals such as social workers or psychiatrists are involved, their opinions become a factor. The judge considers the child's relationship with both parents, siblings and others who may significantly affect the child's best interests. He will also take into consideration the child's adjustment to the home, school, religion and the community, as well as the availability of child care services.
Finally, the judge will consider whether one party is likely to unreasonably interfere with the child's continuing relationship with the other party. Although difficult, it is important for everyone involved to see the divorce through the child's eyes in order to understand how to best help him/her through the adjustment process.
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