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How family law courts decide a child custody dispute

Child custody courts will deliberate over many different factors when considering how to decide a child custody disagreement, but one factor will always reign supreme with a state family court judge. The best interests of your child will always be the most important consideration.

Ultimately, the judge will want to create a child custody scenario and parenting plan that supports the happiness and well-being of your child above all else. There are a few of the most important factors judges consider when determining the best interests of your child.

How does the child feel about it? If your child is old enough and mature enough, the court will ask him or her for an opinion on the matter of child custody. Although courts won't always base their decisions on the child's personal opinion, it may factor that opinion into the decision.

How capable is each parent of caring for the child? The court will determine the fitness of the parents to raise the child by examining issues relating to the parents' health, financial well-being, ages, psychological states and more.

What is the financial state of the parents? The courts will seek to determine which parent is more financially capable of caring for the children.

What is the relationship between the child and parent? Another important factor relates to which parent served as the primary caretaker of the children. If the mother was a stay-at-home mom or the father was a stay-at-home dad, for example, courts may give this primary caretaker priority when determining who will receive custody.

Are you worried about ensuring fair child custody terms? You may want to examine your case from a legal perspective before creating and presenting your case for custody to the court.

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