Family Law

Question 1

Jurisdiction for Divorce

Answer 1

To establish jurisdiction over a divorce action, one of the parties must be a bona fide resident of the jrdx where the divorce action is brought. Plaintiff’s residence alone may be basis for a state’s granting a divorce, regardless of where there is PJ over the defendant.

States may set a minimum durational residency requirement such as 90 days or one year, before the action can be filed.

Question 2

Jurisdiction for Dividing Marital Property & Determining Alimony

Answer 2

A court cannot determine out-of-state property rights or rights to support unless it has jurisdiction over both parties.

In, an ex-parte divorce (where only Plaintiff is before the court), the court can grant the divorce, but cannot award spousal support or divide out of state property.

Question 3

No-Fault Divorce

Answer 3

“IBS”
Most states offer “no-fault” divorces that provide for the dissolution of a marriage without regard to marital fault, generally upon a showing that 1) the marriage is irretrievably broken (irreconcilable differences) and that 2) the parties have been living separate and apart for a specified period of time.

Fact that one spouse thinks the marriage should be saved and does not agree that is has broken down is generally insufficient to prevent a divorce judgment if the other spouse believes the marriage cannot be saved and is not interested in continuing the marriage.

Question 4

Property Division during Divorce: Equitable Division of Marital Property.

Answer 4

Most states follow the equitable division of marital property, where each spouse takes his/her separate property and the marital property is what gets divided at divorce.

Courts will first classify each asset as marital property or separate property. Separate property is property acquired before the marriage that one spouse owns. All assets acquired during marriage are deemed marital property, unless acquired through gift, bequest (by will), devise (real property in will), or descent (inheritance).

ALWAYS: Trial court is then given great discretion as to the division of equitable property. Courts have the authority to order an equitable distribution of all marital property, no matter how title is held. Equitable does not necessarily mean equal.

Question 5

Separate Property (Divorce)

Answer 5

Separate property refers to the property owned by one party.

1) all real and personal property owned by a spouse before marriage

2) assets included in retirement account

3) property acquired by gift or inheritance

4) property acquired in exchange for separate property
(ex: spouse has bank account w/ funds he acquired before marriage, and he ultimately bought property w/ funds. Property would remain separate bc purchased with separate property).

5) income and appreciation of separate property

6) pain & suffering awards, victim of crime compensation awards, future medical & future loss wages

7) personal damages

8) Property acquired after legal separation where court has made a final division of property

Question 6

Marital Property (Divorce)

Answer 6

Generally, all property acquired during marriage is marital property unless it is acquired through gift, bequest, devise, or descent.
Some states use date of separation and some use date of filing of divorce as to the date when the marriage ends.

Includes:
1) Property acquired by either or both spouses during marriage

2) Earnings

3) Employment benefits (vested or unvested pension, stock options, retirement, and fringe benefits related to employment that accrues during the period of marriage)
Pensions are marital property. Pensions dollars acquired during the marriage belong to the marital estate.
Even if non-working spouse did not contribute at all to the pension account, it is still considered marital if it was earned during the marriage. Spouses may come into the marriage w/ a pension, but any contributions made to the pension during the marriage, will belong to the marital estate.

4) Lost wages

5) Reimbursement

6) Recovery for damage to marital property

Question 7

State’s Enforcement of Another State’s Child Support Order

Answer 7

Under the Full Faith and Credit for Child Support Orders Act, full faith and credit must be given to another court’s child support order if: the court had
1) jurisdiction over the matter, and
2) the parties had reasonable notice and
3) an opportunity to be heard.

Under the Uniform Interstate Family Support Act (UIFSA), even if the new state does not have personal jurisdiction over the party, that court may serve as an initiating tribunal to request the court that issued the order, which has continuing and exclusive jurisdiction over the support order, to enforce or modify the order issued in their state.

Question 8

States Modification of Another States Child Custody Order

Answer 8

Under the Federal Parental Kidnapping Prevention Act (PKPA), a state may not modify a custody order if:
1) one of the parties continues to reside in the issuing state
AND
2) under the state’s laws, the court continues to have and does not decline jurisdiction

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has been adopted by nearly every state, the court that made the initial custody determination has continuing, exclusive jurisdiction over the matter until that court determines that:
-neither the child nor the parents continue to reside in the state, or
-the child no longer has significant connection with the state and substantial evidence relating to the child’s care, protection, training, and personal relationships is no longer available in the state.

Question 9

Modifying Custody Order (Standard & Factors)

Answer 9

ALWAYS: Ultimately, the trial court is vested with a great deal of discretion in modifying child custody orders and always considers the best interest of the child when determining/awarding custody. BIOC always for custody

Factors:
1) Parents’ wishes

2) Child’s preference (children over 12 given great weight, children under 8 not considered mature enough to articulate a preference)

3) Child’s relationship w/ parents, siblings & others involved w/ parents

4) Child’s adjustment to home, school, and community

5) Parties’ mental & physical health

*courts cannot give gender preferences, so can’t give to mom bc she’s mom and primary caregiver

Question 10

Requirements in order for court to split couple’s property

Answer 10

Couple must have either been married or had a valid cohabitation agreement

General rule: if common law marriage was valid where entered, it will be recognized in other states as well (even if they don’t recognize common law)

Question 11

Common Law Marriage Requirements

Answer 11

Common law marriage is a valid marriage without a license or ceremony.

1) Capacity to enter into a marriage
2) Consent (exchange of) - have to consent to wed, not just to move in & be partners
3) Cohabitation- couple must actually live together
4) Holding out publicly as spouses- look for legal documents, what the community considers, whether this community considers this couple as married, do they call themselves Mr. & Mrs.?, do they file tax returns as married filing jointly? do they have health insurance together?

Question 12

Sufficient Holding Out as Spouses for Common Law Marriage

Answer 12

Courts look to:
-conduct such as using a common last name

-opening a joint bank account

-telling others in the community that they consider themselves married, going by Ms. or Mrs.

-filing taxes jointly as married couple

-sharing health insurance

Question 13

Cohabitation Contracts

Answer 13

Contracts between unmarried cohabitants will be enforced if sexual relations are not the only consideration for the contract.

Question 14

Adoption

Answer 14

A child may not be adopted without consent from both of the child’s biological parents.

Question 15

Adoption Consent from Unwed Father

Answer 15

Whether consent must be obtained from an unwed father depends on how involved the father was with the child.

Unwed parents have the right to raise their own children.

If an unwed father is part of the “family unit” that includes the child, the relationship b/w the father and child is protected by due process, provided that the unwed father has demonstrated a full commitment to the responsibilities of parenthood by participating in raising his child.

The court will consider whether the father shouldered any significant responsibility with respect to daily supervision, education, protection, or care of the child.

Question 16

Adoption: Uninvolved Unwed Father v. Involved Unwed Father

Answer 16

An unwed father who has never attempted to establish a legal or personal relationship with the child has no rights with respect to an adoption.

An involved unwed father, on the other hand, has a right to block an adoption unless the unwed father is found to be an unfit parent.

Question 17

Factors to Consider When Deciding if Involved Unwed Father Can Veto Adoption

Answer 17

1) whether the father shouldered any significant responsibility with respect to daily supervision, education, protection, or care of the child.

2) whether the parents lived with each other and cared for the child (or if not, whether the unwed father visited regularly)

3) whether the unwed father admitted paternity or paid child support

Question 18

Wedding Gift Classification as Separate or Marital Property?

Answer 18

When a gift is given to both parties, courts will look at the donor’s intent to determine whether they intended both parties to use the gift. Unless a particular wedding gift is only appropriate for the use of one spouse, wedding gifts should be classified as marital property.

Question 19

Alimony/Spousal Support Issue Spot Pre-Write

Answer 19

The issues are whether spouse x’s economic dependency has resulted from the marital relationship and whether spouse x has the ability to be self-sustaining.

The trial court is vested with a great deal of discretion in determining the amount of alimony.

Question 20

Purpose of Spousal Support

Answer 20

The purpose of alimony (spousal support) is to ensure an adequate income stream for the spouse whose economic dependency has resulted, at least in part, from the marital relationship.

Question 21

Determination of Amount of Spousal Support

Answer 21

Some states will consider marital fault when determining alimony. In others, alimony is not based on marital fault. Alimony is not based on marital fault alone in any jurisdiction. The recent trend is to award less alimony than in the past because of the number of couples where both parties have valuable skills for the workforce.

When determining what type and how much support to award, the court considers:
1) the standard of living during the marriage,
2) the duration of the marriage,
3) the age and physical and emotional conditions of the parties
4) the financial resources of each party (including how marital property was apportioned)
5) the contribution of each party to the marriage (including homemaking, child care, education and career building of the other party)
6) the time needed to obtain education or training to enable either party to find appropriate employment, where applicable; and
7) the ability of the payor spouse to meet his needs while paying spousal support

Question 22

Permanent Spousal Support

Answer 22

Permanent spousal support is awarded to a spouse who has neither the resources nor the ability to be self-sustaining.

(if spouse has substantial financial resources, in addition to skills & background to reenter the workforce, it is highly unlikely court will award that spouse permanent support)

Question 23

Temporary Support Award

Answer 23

Temporary spousal support is awarded when spouse needs some time to acquire necessary skills to reenter workforce, or other factors necessary to get back on their feet.

Question 24

Determining Amount of Child Support

Answer 24

The award of support to one party for the benefit of the children is generally based on monetary need and ability to pay.

Most states have adopted specific guidelines to make such a calculation more uniform. State guidelines usually dictate a formula based on the 1) number of children, 2) their ages, 3) any special needs of the children and 4) the parents’ incomes.

In most states, the court may deviate from the guidelines but must make a finding of facts justifying the deviation. For ex, if a spouses income is high, a court will probably stray from the guideline amount and increase the amount of child support that the spouse must pay.

Parents may also be ordered to purchase and maintain medical insurance for their children.

Question 25

Conflict of Laws: Family Law

Answer 25

Marriage → If marriage valid where performed, recognized everywhere
EXCEPTION: If temporary move only to avoid rule of domicile, then marriage will NOT be deemed enforceable.

Divorce → forum will apply its own divorce laws

Child Legitimacy → legitimacy of child is governed by the law of the mother’s domicile at time of child’s birth
-Validity of subsequent acts of legitimation concerning paternity are governed by the law of the father’s domicile.

Question 26

Jrdx to Determine Initial Award of Custody

Answer 26

The primary test to determine which state has jurisdiction to enter an award of child custody is the child’s home state.

The home state is the state where the child has lived with a parent for at least 6 consecutive months OR a state that was the child’s home state within the last 6 months and the child is absent from that state but a parent continues to live in the state.

If no home state, a court can assume jurisdiction if the child has a significant connection with the state and there is substantial evidence of the child’s well-being in the state.

[Contrast with custody, support just requires PJ]

Question 27

Requirements of Ceremonial Marriage

Answer 27

1) License - most states require some waiting period b/w getting a license & having a ceremony (some states have a 48 hr/72 hr waiting period). *Failure to meet the procedural requirements of a license will NOT invalidate the marriage. Rationale is we don’t want to hurt couples who follow the rules & there’s just a mistake in the license

2) Marriage Ceremony with Authorized Officiant - 3rd person authorized officiant (typically judged, justices of peace, all religious personnel)

3) No legal impediment to marry -
A) Parties cannot be too closely related. All states: too closely related includes ascendants (parents & grandparents) and descendants (children & grandchildren) and can’t marry siblings. Also aunts and uncles to nieces and nephews. All of these also include whole or halfblooded relatives so half-siblings can’t marry.
Several states also prohibit those only related by adoption or those only related by marriage which would include step relations. First cousins can marry in some states and not others
B) Parties can’t be married to someone else (Bigamy)

4) Capacity to Consent - must have mental ability to consent at the time of ceremony (Can’t be under influence of drugs, alcohol or mentally impaired. Also must be 18 & over. 16 or 17 yr olds need parental consent. Under 16 most states require judicial consent)

Question 28

Duration of Child Support

Answer 28

Child support generally lasts until age of majority, which is typically 18 (some states recognize 19 or 21 as age of majority)

-Sometimes child is 18 but has not graduated high school. Some states allow child support to go beyond 18 if child is still attempting to get high school degree.
-Courts will not extend child support into college.
-Courts may extend child support for period of time if child is disabled.

Child support ends at: death of child, emancipation of child (converting minor to major), or termination of parental rights

Question 29

Custody Awards Available

Answer 29

1) Joint Custody
2) Sole Custody
3) Custody to a Nonparent

Question 30

Joint Custody

Answer 30

Joint custody is encouraged in most jurisdictions and will be awarded if parties agree.

However, if parties argue, are openly hostile, then courts will not award joint custody bc child will be put in the middle & therefore that is not in the best interest of the child.

Joint custody = share custody, true 50/50

Joint legal custody → court can award joint decision making authority b/w the two custodians

Joint physical custody

Can also award primary legal or primary physical custody to one of the parents (depends on the facts)

Question 31

Sole Custody

Answer 31

Sole custody can be awarded in favor of one parent if there is strong evidence that sole custody is in the best interest of the child.

If court awards one parent sole custody, the other parent will be entitled to reasonable visitation with the child. Very hard to deny a parent any visitation unless harm to child is present.

Question 32

Custody to a Nonparent

Answer 32

This is less likely. Because of constitutional protections afforded to parents of children, the parent will generally prevail over the nonparent.

To be entitled to custody, the nonparent will bear that burden of proof & must show harm to the child if custody is left with the parents OR show a general parental unfitness: abandonment, neglect, abuse or surrendering custody are all reasons courts have a parent to be unit. Once the court determines that the nonparent has proven harm to child or parental unfitness, then the court will conduct a BIOC analysis.

Question 33

Visitation

Answer 33

ALWAYS: Trial court has discretion in determining what is in best interest of child.

Visitation is awarded when a parent is not granted custody.

Custody and visitation are mutually exclusive. If you have custody, you don’t have visitation. If you have visitation, you don’t have custody.

Parental Visitation - Courts generally give parents supervised visitation unless harm to the parent will result

Nonparental Visitation - think grandparents. Usually comes up in extraordinary circumstances like when parents are going through divorce, or in the event of a death of a parent, the non-parent has standing to seek visitation if it’s in the BIOC. SCOTUS has said that if a parent is fit, their wishes on nonparent visitation are constitutionally protected and given special weight. A judge may not override a fit parent’s decision regarding 3rd party visitation merely bc it would be in BIOC of child.

Question 34

Modification of Custody Orders Generally

Answer 34

Custody can always be modified bc of the hallmark consideration of BIOC.

Party seeking modification bears the burden of proof and modification requires substantial and material change of circumstances that affect the child’s well-being (can’t just affect well-being of parent) BIOC!

Ex: So if dad only has more stable life, that does not affect well-being of child. Uprooting child now is not in best interest.

Question 35

Request for Return of Gift Given in Contemplation of Marriage

Answer 35

Example is engagement ring. If marriage gets called off, gift is incomplete. Gift is subject to condition of subsequent marriage & failure of marriage renders the gift null.

Courts look to the type of gift given to determine whether it was given in contemplation of marriage.

Question 36

Agreement to Waive Alimony in Premarital Agreement

Answer 36

It is against public policy to enforce a waiver of spousal support if to do so would leave a spouse dependent on the state.

Public charge meaning you have 1 disadvantaged spouse & if that spouse does not receive alimony, they would ultimately be on state or federal support. In this case, the court will not enforce a waiver of alimony if the disadvantaged spouse would be rendered a public charge.

Question 37

Are courts bound by provisions in Premarital Agreements regarding Children?

Answer 37

No. Courts are not bound by provisions in Premarital Agreements regarding children as that is not in the best interest of the child.

A court is not bound by child custody provisions in marital agreements.

A court is not bound by child support provisions in premarital agreements. Parents have an equal duty to support their children that they cannot contract awat.

Question 38

Requirements for a Valid Premarital Agreement

Answer 38

The issue is whether the premarital agreement is enforceable against Spouse x.

1) Contract must be in Writing

2) Voluntary → Agreement must be entered into voluntarily, without fraud, duress or overreaching.
-Fraud or Overreaching: If only one party’s atty drafted agreement & oppressive provisions? If spouse was not able to have their own atty review the agreement?
-Duress: Pay attention to timing of when agreement is presented. If 3 months before wedding, then sufficient time & won’t be duress. Ex of duress: “Sign this before the wedding and wedding is tomorrow”

3) Signed by the party to be charged

4) Full and fair disclosure of each party’s financial worth → Disclosure of assets OR Proof that parties had independent knowledge of assets. Idea is a party needs to know what they are waiving.

Even if the agreement is enforceable as a whole, the court must still consider each individual provision to ensure that it is fair and does not violate public policy.

Question 39

Enforceability of Premarital Agreements

Answer 39

States apply either:
-law of the state where the contract was executed
OR
-law of the state with the most significant relationship to the parties and the transaction

Question 40

Annulment of Marriage

Answer 40

Think: Defect in requirements of marriage.

If parties have an invalid marriage, then they may have the ability to annul the marriage. Annulment is available for a defective marriage that is legally void or voidable.

Effect of Annulment: Marriage is set aside as if it never existed.
-Effect on Children → remain marital children & child support can be awarded, even tho marriage is invalid
-Spousal support may be awarded but not in all states. In some states, spousal support is prohibited in an annulment action.
-Property rights → courts treat parties as if they were never married & try to put parties back into their pre-marriage state with regard to property

Question 41

Void Marriage

Answer 41

A void marriage exists when parties fail to meet an essential requirement of marriage, considered an utter nullity.

No legal action needed. Bc it’s void, it can be attacked by one of the parties OR collaterally by 3rd party (ex: IRS says you can’t file jointly. Insurance Co doesn’t want to pay spouse).

Uniform Marriage & Divorce Act permits the marriage to be valid after the impediment to the marriage is removed.

Ex of Void Marriage: Bigamy (in every state would render marriage null & void), Too closely related (most states would say if parties are too closely related there is not marriage at all & may be void)

Question 42

Voidable Marriage

Answer 42

A voidable marriage occurs when some type of event or condition affects the adequacy of the parties consent.

Issues of consent → VOIDABLE marriage

Valid until declared null.

Can only be attacked on by one of the parties of the marriage (no collateral attacks). Only person who is suffering from lack of consent can bring an attack.

Unlike void marriages, voidable marriages can be remedied by continually living together after removal of the impediment

Ex of Voidable marriage:
-Under legal age of 18
-Capacity to consent:
1) Duress (shotgun wedding: marry my daughter or I’ll kill you) OR
2) Under influence or mental infirmity → Discuss whether person sobered up & held themselves out to be married & whether those actions amount to ratification & then the annulment based on marriages as voidable would not be available to them
3) Fraud → fraud must affect an essential element of marriage, like when one spouse is pregnant by another man w/o the husband’s knowledge. In some states that is a voidable marriage bc man was told fraudulently he was father. Had he been told he was not the father he probably would not have entered into that marriage.
4) Prior marriage did not end in death or divorce

Question 43

Grounds for Fault Divorce

Answer 43

Adultery → proving that spouse had sex with someone else require proof of circumstantial evidence of:
1) Opportunity - working late, out at office and
2) Inclination - propensity to commit adultery, testimony or documentation of notes or texts for propensity to commit adultery. Corroboration is often required

(Desertion) Abandonment → unjustified departure from the marital home with no intent to return. To qualify, it has to be:
1) Unjustified - If spouse was being abused & left the home, that spouse is justified in leaving so not abandonment.
2) Must prove no intent to return - spouse has to ask the other spouse to come back home & spouse refuses

Cruelty → physical or mental cruelty. Domestic violence. For mental cruelty, most states require some pattern or practice of emotional abuse: locking spouse in house, abusing spouse emotionally, treating them poorly

Habitual drunkenness or Drug Abuse → habitual drunkenness or use of drugs after the marriage. Reasons that actions have to commence after marriage is bc if spouse marries someone who is a habitual drunk or drug user then that spouse knew who they were marrying.

**Insanity **

Question 44

Defenses for No-Fault Divorce

Answer 44

Reconciliation → if spouses live separate & apart but then come together & reconcile, then the clock will restart.

Question 45

Defenses for Fault Divorce

Answer 45

Collusion → simulating grounds for divorce. Spouses get together & say let’s say we both committed adultery so we can get divorced quickly

Connivance → occurs when the plaintiff consents to the other spouses misconduct.
Ex: swinger couple. If they both agree to swing & then one says I want you to stop, I’m going to get a divorce & sues you for adultery, you can argue they willingly consented to this type of misconduct

Condonation → spouse must have knowledge of the offense & then forgive (ex: condone the adultery).

Recrimination → doctrine of unclean hands. Saying P who is seeking divorce based on fault cannot get a divorce bc they also committed fault.

Question 46

Property Acquired Before Marriage but Paid for After Marriage

Answer 46

If property is acquired before the marriage, but paid for during the marriage with marital funds, most courts will apportion the property between separate and marital interests in proportion to the contribution of separate and marital funds used to pay for the property

Question 47

Comingling of Property

Answer 47

Separate property can become marital if inextricably intertwined or comingled. Court will attempt to trace funds.

• Ex: aunt sally dies & left me 15k in bank account. I put this in a separate bank account. I start using the same bank account to deposit my earnings as an attorney & start paying bills from account & payments for school tuition come out of account. Bc all of transactions in & out, court can no longer determine that the 15k of separate funds remains in account as separate property.

Question 48

Transmutation of Separate Property

Answer 48

Separate property becomes marital property based on intent of parties.

Lots of states have a presumption that once a spouse jointly titles property in the other spouse’s name it’s presumed a gift.

• Ex: I use 10k of great Aunt Sally’s bank account inherited to me (separate property) as a down payment on a home for me and my husband. And I title the property in both of our names. There is a presumption that I intended a gift to the marital estate based on that joint title. So now that 10k that started off as separate property transmutes and will be classified as marital.

Question 49

Improvement of Separate Property

Answer 49

When separate property is improved by the use of marital funds or by the efforts of either spouse, court will grant marital estate reimbursement for value added. Either the marital estate gets a credit for the increase in value OR the non-owning spouse gets some type of reimbursement at the time the property division occurs. But if increase in value is due to market factors (like interstate highway being built near property) then that increase in value would remain separate).

-Ex: Husband inherits property worth 1k during marriage. Inherited it so separate property. If husband’s labor improves property, that is his efforts, those efforts increase the separate property and that increase would benefit the marital estate

-Ex: earnings by husband job are used to construct a warehouse on the property and the value of the property increased bc it now has a warehouse on it. The increase in value would be marital

Question 50

Professional License or Degree

Answer 50

Professional license or degree is not marital property.

However, it will be considered in making an award of alimony. generally, most courts compensate the other spouse who put the spouse through school in an award of alimony.

Question 51

Factors to Consider in Making Equitable Division of Marital Property

Answer 51

Courts consider any fact that goes to the equities as between spouses. Trial court is vested with a great deal of discretion in making an equitable division of property.

1) age, education, background & earning capabilities

2) Duration of marriage

3) Standard of living during marriage

4) Present income & employability

5) Source of funds

6) Health of parties

7) Assets, debts, and liabilities

8) Needs

9) Custody of minor children

10) Alimony → when parties get divorced they consider alimony & property division together. One party will agree to accept less or no alimony, for a preferential or unequal division of property

11) Opportunity to acquire future income and assets.

12) Contribution to marital assets

13) Contribution as homemaker

14) Economic fault → whether each party has dissipated marital property
Ex: gambling is economic fault
Ex: if one spouse commit adultery and that spouse is paying for apartment for the person they’re having an affair with or buying expensive gifts → that’s economic fault

Question 52

Enforcement of Child Support Awards

Answer 52

Child support can be enforced through civil or criminal contempt proceedings.

Federal gov’t has mandated a host of remedies if not paying child support:
1) Intercepting your federal tax refund
2) Forfeiture of licenses (drivers licenses, licenses to practice law, medicine, fishing license, hunting license)
3) Seizures of property
4) Wage withholding

Question 53

Jurisdiction to Modify Child Support Orders

Answer 53

Continuing exclusive jurisdiction exists with the originating court that entered the original court, unless no parties reside in the state or the parties consent to jurisdiction elsewhere.

Test to Modify Child Support → substantial and continuing change of circumstance which affects the need of the child or ability of parents to pay. Any voluntary change in income will NOT be a ground for modification.

Question 54

Enforceability of a Premarital Property Agreement?

Answer 54

For a court to enforce a premarital property agreement, the agreement must contain fair and reasonable economic provisions for the claiming spouse.

Spouse 1 will argue __. Spouse 2 will argue __.

Question 55

Factors to Determine Whether Joint Custody is Appropriate

Answer 55

1) Fitness of both parents

2) Whether the parents agree on joint custody

3) Parents’ ability to communicate & cooperate concerning the well-being of the children

4) Children’s preference (depending on their age)

5) Level of involvement in each parent in children’s lives

6) Geographic proximity of the parents’ homes

7) Effect a joint custody award would have on the children’s psychological development.

In addition, courts often award custody to the parent who has been the primary caregiver.