HOW ARE CUSTODY AND VISITATION ISSUES DECIDED?
March 1, 2009
No area of family law brings to the courtroom the tension, anxiety, hostility, volatility and raw emotion as child custody and visitation litigation. If this issue cannot be decided between the parties, the Judge will make the decision. Generally, Judges look to what is in the best interest of the children. To reach that decision, Judges look for who has been the primary care taker, who is more stable, patterns or history of domestic violence, who will promote the best relationship with the other parent. Very rarely will any one factor or incident be the controlling or deciding factor, the Court generally looks at the over all situation.