What is the court’s legal standard for custody?
Depends. If there is no custody order, then the court
exclusively uses the “best interest of the child” standard. The court will review the parties living situation,
work hours and ability to care of the child, the current situation if the
parties are already separated, school attendance and grades (for older
children), day care situation, family members involvement, etc. If the parties are currently separated and
one person is primarily caring for the child(ren) and doing a good job of it,
this carries a lot of weight with the court.
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