No. The court must consider several factors that are specified by the law in determining which parent should have primary physical custody of the children. Among the factors that the court must consider are: the child's age; the child's gender; the child's physical and mental health; the parent's physical and mental health; the parents lifestyles; any history of child abuse or spousal abuse; the emotional bonds had been established between the parent and the child; the parents ability to give a child guidance; the parents ability to provide the basic necessities, such as food, shelter, clothing and medical care; the child's routines, including home, school, community and religious activities; the willingness of the parent to encourage a healthy, on-going relationship between the child and the other parent; if the child is mature enough, the child's preference; the parent who has been the child's primary caretaker.

Frequently Asked Questions

 


Q:

Does the court always favor the mother when granting primary custody of the children?

A:

No. The court must consider several factors that are specified by the law in determining which parent should have primary physical custody of the children. Among the factors that the court must consider are: the child's age; the child's gender; the child's physical and mental health; the parent's physical and mental health; the parents lifestyles; any history of child abuse or spousal abuse; the emotional bonds had been established between the parent and the child; the parents ability to give a child guidance; the parents ability to provide the basic necessities, such as food, shelter, clothing and medical care; the child's routines, including home, school, community and religious activities; the willingness of the parent to encourage a healthy, on-going relationship between the child and the other parent; if the child is mature enough, the child's preference; the parent who has been the child's primary caretaker.


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