How does a judge make decisions about custody?

Judges use a “best interest of the child” standard, which is determined on a case-by-case basis. Several factors are considered by the Court in determining custody, including which parent is most likely to allow “frequent and continuing contact” between the non-custodial parent and the child, whether either parent or someone they live with has a history of abuse, whether either parent has committed a crime that might put the child at risk, the preference of a child, and many other factors that affect the child’s physical, intellectual and emotional well-being.


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