When a case is brought to the court, the court will try to accommodate the best interest of the children and choose the environment that offers the most stability.
- The child's age, sex, and mental and physical health
- The parent's mental and physical health
- The parent's lifestyle
- Any history of abuse
- The emotional bond
- The parent's ability to provide the child with food, shelter, clothing, and medical care
- The regular routine
- The quality of the education
- The preference, if the children are above a certain age (this is usually around age 12)
- The ability and willingness of the parent to encourage communication and contact between the child and the other parent
The court may also conduct a Custody Evaluation. An evaluation usually consists of interviews, psychological exams, and analysis of the children, and perhaps the parents.
- The court has the ability to deny a parent’s request for an evaluation.
- Parents may be liable for the cost of the evaluation.