Child custody is comprised of
physical and legal custody.  Physical
custody is those periods of time in
which a child resides with or is under
the care and supervision of one (1)
of the parents.  Legal custody is the
decision making-rights, the
responsibilities and the authority
relating to the health, education and
welfare of a child.



Child custody shall be awarded as follows to the best
interest of the child:
1.  Physical and legal custody to both parents jointly;
2.  Physical custody to both parents jointly and legal custody to either parent;
3.  Legal custody to both parents jointly and physical custody to either parent;
4.  Physical and legal custody to either parent.

It is well settled that in child custody cases, the primary and overriding consideration is the
best interest of the children.  The Courts utilize what is called the Albright factors in
determining custody of children.  The factors are as follows:

  • Age, health and sex of the child;
  • A determination of the parent that has had the continuity of care prior to the
    separation;
  • Which has the best parenting skills and which has the willingness and capacity to   
    provide primary child care;
  • The employment of the parent and responsibilities of that employment;
  • Physical and mental health and age of the parents;
  • Emotional ties of parent and child;
  • Moral fitness of parents;
  • The home, school and community record of the child;
  • The preferences of the child at the age sufficient to express a preference by law;
  • Stability of home environment and employment of each parent; and
  • Other factors relevant to the parent-child relationship.
LAW OFFICE OF ANGELO DAMICO
CHILD CUSTODY
In the Interests of
Families and
Children
At the Law Office of Angelo Damico I understand that one of the
most important things for you is having custody of your children.
With my experience in family law I will strive to make this happen
for you
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only and is not intended to be legal advice .  Reading and obtaining
information from this site does not create an attorney-client relationship.