What factors does the court consider in determining child custody? Child custody is based upon the best interest of the child. There are a number of factors that are set forth in the statute that the court would consider. One factor is, does the parent have the ability to support the relationship of the other parent with the child. This is a huge factor. Are you going to be able to support the other parent’s ability to parent the child? Other factors include the history and quality of the child’s relationship with both parties. In other words; have you been involved in caring for the child during the child’s life? Have you been there? Does the child have a bond with you? Is the child familiar with being with you?
Then other factors that the court looks at are basically practical factors, such as your ability to care for the child. Does your work schedule allow you to be able to get the child to and from school or daycare. Can you get off work in time to pick the child up from school? Can you make an effort to support the child in terms of doing homework with the child? Can you get the child to his or her activities on the weekend such as soccer or gymnastics? Also, the age of a child is a factor. The parenting plan for a very young child might look different as opposed to a teenager. Essentially the court is looking at what is in the best interest of the child in fashioning a child custody arrangement.