By: Undisputed Legal/Family Court Process Service Department
The general test in determining custody in a contest between parents, is the best interest and welfare of the child. Court decisions set forth several factors which are to be considered in determining best interests. These factors are as follows:
(1) The parent who has been the primary caretaker;
(2) The need for stability and continuity in the child’s life;
(3) The relative financial ability of each parent;
(4) The quality of home environment and the parental guidance each
parent provides;
(5) The ability of each parent to provide for the child’s emotional and
intellectual development;
(6) The relative fitness of each parent;
(7) The length of time the present custodial arrangement has been
in effect;
(8) The desires of the child.
