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If we require a court hearing, how does the judge decide custody?
For interim custody, the judge considers "the best interests of the child". This is what a judge thinks about when making an order for custody at the time of a divorce, too. It means that the judge will consider what is best for the children in your particular family, taking into account things like
- where and with whom the children have been living;
- closeness to schools, friends;
- extended family and extracurricular activities;
- special health care needs, if any;
- the children's ages and their relationship with each parent;
- daycare and after school care arrangements; and
- many other factors.
The judge tries to look at the whole picture of the childrens' lives and decide what is best for the children.
July 2006
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