How is Custody Determined by the Court?? Many parents want to know how the court determines custody in a divorce. The first thing to know is there’s no legal term for custody. We’re talking about parental responsibility: how much time do you spend with the children, how much time they spend with mom, how much time they spend with dad. The court is interested in what’s in the best interest of the children. Is one parent working all the time and not available? Is mom at every single soccer game? Who’s participating in what activities? The court wants to know who’s the team mom on the soccer team, who’s helping with the homework, who’s taking the kids to school in the morning? The court is not interested in only knowing who’s the weekend parent that can take their kids to Disney. They want to know who’s doing the hard work, who’s making sure that the homework is done, who’s making sure that the children are disciplined, who’s making sure that dinner is being cooked and you’re not just eating chicken nuggets every night. The court wants to make sure that the children are not only happy but that they’re healthy and that their needs are being attended to and that’s the most important thing.
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