The overriding factor is going to be what’s in the best interest of the child or children. In order to look at that or to view that the courts use what’s called the Albright factors. That has to do with age of the child, the sex of the child, the age and sex of the parents, the mental health of the child, the mental health of the parents, who has had continuity of care for the child pre-separation.
The courts are going to look at who’s provided for the needs of the child, who takes the child or children to the doctor, who makes sure that the medication is given, who makes sure that they’re eating properly, who’s best in terms of providing an education or educational support.
They’re going to look at all those factors and they’re going to determine what is in the child’s best interest, and that will be the custodial parent that the court is going to send the child with.