If you and your spouse cannot reach an agreement on the custodial arrangement for your child, then custody can be determined through Family Court or as part of a divorce action. The court will make its custody decision by determining what specific terms are in the best interests of the child. The court will examine how each parent meets the child’s mental, emotional, psychological, medical, educational, and nutritional needs. Each case is decided based on its own unique set of facts and circumstances. Factors taken into consideration by the court include the following: the amount of time each parent spends with the child; attendance at parent-teacher conferences and doctor appointments; homework completion; bedtime routine; bathing; feeding; meal preparation; and emotional closeness. In a majority of custody cases, there will be some type of shared decision making and physical custody.
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