What factors will a judge look at in deciding who should get custody?

The basic test for deciding custody is the "Best Interest Test." In other words, the judge will ask: "with which parent will the child be better off?" The kinds of things the judge will consider include:

* Where the child has been living;
* Keeping the child in a stable situation;
* Which parent has done more in terms of care and support for the child;
* How each parent interacts with the child; and
* Whether either parent has a problem with drugs or alcohol.

Whenever a judge is making, changing or enforcing a custody order or agreement he or she must be guided by what is in the child’s best interests. All parties will have an opportunity to provide information on what they feel is in the child’s best interest.

In determining the best interests of the child, the judge will look for the living arrangement that is the least disruptive and most supportive and protective for the child. Other factors the judge considers are the:

* Physical environment where the child will be raised
* Parent as a disciplinarian and as a role model,
* Wishes of the child (if the child is old enough),
* Religious and spiritual guidance for the child,
* Time and availability of the parent for the child,
* Cultural development of the child,
* Physical and character development of the child and the emotional
* Support to assist in a child developing self-esteem and confidence
* Financial contribution to the welfare of the child,
* Support of extended family,
* Willingness of a parent to facilitate contact with the other parent, and
* Interim and long range plan for the welfare of the child.

In some cases, if the parties cannot agree on custody and access, a judge may order a Custody/Access Assessment. A trained professional prepares an assessment of the parenting plan or a parenting assessment of the individuals and makes a recommendation to the court.
Parents will be expected to contribute to the cost of the assessment, based on their income and number of dependents.

Thanks to 'Legal Info'

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* The child's age, sex, and mental and physical health
* Tje parent's mental and physical health
* The parent's lifestyle and other social factors, including whether the child is exposed to second-hand smoke and whether there is any history of child abuse
*The emotional bond between parent and child, as well as the parent's ability to give the child guidance
*The parent's ability to provide the child with food, shelter, clothing, and medical care
*The child's established living pattern (school, home, community, religious institution)
*The quality of the child's education in the current situation
*The impact on the child of changing the status quo, and
*The child's preference, if the child is above a certain age (usually about 12).

Assuming that none of these factors clearly favors one parent over the other, most courts tend to focus on which parent is likely to provide the children a stable environment, and which parent will better foster the child's relationship with the other parent. With younger children, this may mean awarding custody to the parent who has been the child's primary caregiver. With older children, this may mean giving custody to the parent who is best able to foster continuity in education, neighborhood life, religious institutions, and peer relationships.

Also check out this link- written in laymans terms:

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