Who will get child custody and visitation rights depends on several factors. Courts like to see parents come to a mutual agreement regarding custody and visitation whenever possible. So, if parents can come to a fair arrangement that is best for the child, the court will decide custody based on that arrangement. If parents cannot come to a mutual agreement on their own, most courts will order parents to negotiate an agreement through mediation.
When mediation is not possible for whatever reason, the court will decide child custody after looking carefully at things like:
- The parents’ agreement
- Which parent is likely to give the child the most time with the noncustodial parent
- How much fighting is going on between the parents
- How much cooperation is going on between the parents
- Mental and physical health of each parent
- The physical, emotional and developmental needs of the child
- The kind of relationship each parent has with the child
- The child’s relationship with brothers and sisters
- Any history of child abuse or neglect in the family
- Any history of domestic violence against the other parent, child, or other people living with the child
- Any history of kidnapping/abduction against a child in the family
- The wishes of the child if the child is old enough and competent to choose