7. How does the Court decide custody matters?

If there is no agreement or order for a “permanent” custody order, the Court will decide custody based upon what is in the “best interest” of the child(ren). In doing so, the court will consider a variety of different factors. If your matter is post-judgment or a “permanent” order has been made, the court will consider whether there has been a material change in circumstance that justifies a change in custody. Even “permanent” custody visitations can be modified, but they are subject to a different standard.

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