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If we cannot agree, how does the court decide who gets custody of our child?

The court must look at many factors when determining which parent will be the residential parent, the parent with primary responsibility for the child, and which will be the non-residential parent. Primarily, the court must focus on the “best interests of the child.” They will look at factors such as the wishes of the child, wishes of the parents, the child’s ability to adjust to school and community, and the parent most likely to honor court requests.

Once the custody is established, the court must then consider similar factors in determining the visitation schedule for the non-residential party.