Child Custody: Best Interest

Question 1

Generally, what do courts use to determine custody?

Answer 1

Generally, courts determine child custody based on the best interest of the child.

Question 2

Is a parents misconduct (adultery) factored into custody?

Answer 2

A parent’s misconduct (e.g., adultery) generally may NOT be considered unless it causes significant harm to the child.

Question 3

When determining child custody between a parent and a third party, what the courts view?

Answer 3

When determining child custody between a parent and a third party, it is presumed that custody with the parents is in the best interest of the child.

Question 4

Generally, what are some factors that courts consider in determining the best interest of the child. (its a long list, dont need them all)

Answer 4

caretaking role,

ability to care for the child,

ability to provide social and domestic stability, and

history of violence or substance abuse.