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Factors In Granting Physical Custody
Here are some of the factors a court may consider in granting sole physical custody.
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The wishes of each parent and the child (especially if the child is age 12, for example, or older).
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The pattern of relationship between child and parents. In particular: which parent has been
taking care of the child on a day-to-day basis until this point.
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The relationships with grandparents, siblings, and/or other significant people in the child's life.
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The child's relationship to his or her school, religious institution, and community. This arises
if, as is often the case, one parent would remove the child from his town, school, religious institution,
or community.
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The mental and physical health of all parties.
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Any spousal or child abuse past or potential by either parent.
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The willingness of the proposed custodial parent to foster a close relationship between the child and the other parent.
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If there is more than one child, courts tend to prefer to keep the children together in the same home.
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Ability to provide for the material needs of the child.
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Ability to spend time with the child.
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