A court gives the “best interests of the child” the highest priority when deciding custody issues. What the best interests of a child are in a given situation depends upon many factors, including:
- the child’s age, gender, mental and physical health
- the mental and physical health of the parents
- the lifestyle and other social factors of the parents, including whether the child is exposed to second-hand smoke and whether there is any history of child abuse
- the love and emotional ties between the parent and the child
- the parent’s ability to provide the child with food, shelter, clothing and medical care
- the child’s established living pattern (school, home, community, religious institution)
- the quality of the schools attended by the children
- the child’s preference, if the child is above a certain age (usually about 12), and
- the ability and willingness of the parent to foster healthy communication and contact between the child and the other parent.
