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How do courts determine child custody?

There are many things that need to be taken under consideration and decided upon when in the process of a divorce. Ideally, the courts would like to see that a divorcing couple is able to negotiate and determine as many of the decision-making issues such as child custody and property division by themselves, but divorces can be contentious and it is not uncommon for both sides to want the same thing for each other. When this occurs, the courts need to step in and make a decision. So what goes into the decision-making process for child custody?

Considering the love that parents have for their children, it should come as no surprise that child custody is among the most contested issues for parents on the verge of divorce. Everyone wants what is best for their children, but often opinions clash when each parent believes that he or she would be best for the child. During these times, it is not uncommon for the courts to have to come to a ruling.

The primary factor that goes into child custody decisions is the best interests of the child. This is done by looking at many factors. Generally, the parent who is considered the primary caregiver is given preference. The caregiver is the parent who is more involved with day to day activities with the child such as bathing, feeding, taking the child out to school or for errands, doing homework together, etc.

This relationship is considered crucial for the child's upbringing. A level of comfort is often assured when one parent is able to maintain that relationship. Humans are creatures of habit, and considering that there will be many other changes in a child's life, the courts often feel that it is important to preserve that relationship between parent and child. If you believe that your best wishes are not being met, it may be wise to speak with a lawyer familiar with family law to see what can be done in court to protect your rights and assure that your child's best interests will be met and that your get the best chance of winning your case against your ex-spouse.

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Anchor Text: family law

Keywords: primary custody, sole custody, best interests of the child

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