Child custody is an ever changing and developing area of law that requires vigilent research into prevailing caselaw and statutory construction.
The benchmark in this area, the best interest of the child, has remained constant. While this may seem an easy determination, the courts have devised a more stringent equation of 12 factors that must be addressed:
The love, affection, and other emotional ties between each party and the child.
The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.
The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.
The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.
The permanence, as a family unit, of the existing or proposed custodial home or homes.
The moral fitness of each party, insofar as it affects the welfare of the child.
The mental and physical health of each party.
The home, school, and community history of the child.
The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.
The distance between the respective residences of the parties.
The responsibility for the care and rearing of the child previously exercised by each party.
