If we have to go to court to decide on custody, what does the judge consider in making the decision?

The judge will consider solely “the best interests of the child” as opposed to the best interests of the parents or other individuals. Therefore, when deciding which parent should be granted custody and which should be given access the judge will consider (among other things):

• the emotional ties between the child and each parent, as well as other family members who live with him or her
• the child’s wishes
• the child’s present living arrangements and the length of time that the child has been living there
• the ability of each parent to take care of the child and address his or her emotional, physical, and other needs
• the plans each parent has for the child
• the degree of stability that each parent would bring to the child’s life
• which of the two parents is the primary caregiver
• which of the two parents would be most likely to ensure contact between the child and the other parent. Whichever parent is the most willing will be the one that is granted custody of the child.
• Lastly, past behaviour is usually not considered but if the court is presented with evidence showing that one of the parent’s has been violent or abusive towards the other, or towards the child, then the judge will accept it and include it in his considerations.