How Does The Court Determine Parental Rights And Responsibilities (Formerly Referred To As “Custody” And “Visitation”)?

In determining parental rights and responsibilities, the Court is guided by the best interests of the child. In determining the best interest of the children, the Court will consider a variety of factors including:

• The relationship of the child with each parent;

• The ability of each parent to assure that the child receives adequate care;

• The child’s developmental needs;

• The support of each parent for the child’s relationship with the other parent;

• The ability of the parents to communicate and cooperate with each other concerning the children; and

• Any other factor(s) which the Court considers relevant.

While the Court is charged with the responsibility of supporting frequent and continuing contact between each parent and the children, where such is possible and appropriate, the Court is not required, in the first instance, to award the parties joint or equal parenting rights and responsibilities.

 

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Divorce & Family Law

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