When parties are unable to reach a resolution regarding custody and parenting time of their children, the court will make a determination by focusing on what is in the best interests of the children. In making this determination, the court considers various statutory factors including:
the parents’ ability to agree, communicate and cooperate in matters relating to the children;
the parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
the interaction and relationship of the children with their parents and siblings;
any history of domestic violence;
the safety of the children and the safety of either parent from physical abuse by the other parent;
the preference of the children when they are of sufficient age and capacity to form an intelligent decision;
the needs of the children;
the stability of the home environment offered;
the quality and continuity of the children’s education;
the fitness of the parents;
the geographical proximity of the parents’ homes;
the extent and quality of the time spent with the children prior to and subsequent to the separation;
the parents’ employment responsibilities; and
the ages and number of the children.
In making this determination, the court puts a strong focus on what has the status quo during the marriage (ie. Who was primarily responsible for caring for the children when the marriage was intact?). Further, the court may order an custody/parenting time evaluation in which a forensic psychologist will interview the parties and the children, conduct several tests, and submit an evaluation recommending what custodial and parenting time schedule will serve the best interests of the children.