Reply to How does a judge decide custody when all the factors to be considered seem equal?

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Reply to "How does a judge decide custody when all the factors to be considered seem equal?"

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[quote=Anonymous]I am in a state where joint legal custody (separate from parenting time) cannot be ordered unless both parties agree. If one party objects to joint custody, the court orders sole legal custody (ability to make unilateral decisions about education, medical care, and religion) to one party, considering these factors:

(a)The emotional ties between the child and other family members;
(b)The interest of the parties in and attitude toward the child;
(c)The desirability of continuing an existing relationship;
(d)The abuse of one parent by the other;
(e)The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and
(f)The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

In this situation, the two parties were not married but were domestic partners and the father is on the birth certificate through voluntary establishment of paternity. The child is 5, and the parents have been separated for almost 3 years. Since the separation they have maintained a 50/50 parenting time schedule without any court order, switching every 7 days. There is no history of abuse by either parent. Both parents have an equal interest in the child and continuing the existing relationship.

The petioner has shown intent to reduce the other's time to every other weekend and will not agree to joint legal custody. The respondent wishes to keep the status quo of 50/50 parenting time in the final order and has shown interest in joint legal custody. They split daycare/preschool costs equally. One party has always maintained and paid for the child's health insurance policy since birth. The other party (that is seeking sole legal custody and majority parenting time) does not have insurance available to the child, as this party has not worked for the past year.

What do you think the court will look at in this case? Happy to add any relevant details.[/quote]

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