Video Summary:

In child custody cases, the court's primary focus is the best interest of the child, not the preferences of either parent. Judges evaluate parenting history, consistency, stability, work schedules, and each parent's ability to foster a positive relationship with the other parent. While many believe a child can choose where to live at age 12, the law only requires the court to listen to the child’s preference, not necessarily follow it. For children under 12, the court may or may not consider their input. Ultimately, custody decisions are based on what ensures the child’s long-term well-being.

Video Transcript:

The primary factor in child custody cases is the best interest of the child. Custody decisions are not based on what the mother or father wants, and they are not solely determined by the child's preference, though the child's wishes can be considered.

To determine the best custody arrangement, the court reviews several factors, including:

• Which parent has historically been the primary caregiver

• The child's need for stability and consistency

• Each parent's work schedule and education

• Each parent's ability to foster a healthy relationship between the child and the other parent

There is a common misconception that once a child turns 12, they can choose which parent to live with. This is not true. Instead, a parent may request the court to hear the child's preference, and the judge is required to listen, but not required to follow the child’s wishes. For children under 12, the court has discretion on whether to consider their input. Ultimately, custody decisions prioritize the child's long-term well-being over parental or personal preferences.