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Family Law
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Child custody can be “sole”, “joint”, “joint legal”, “joint physical” or some combination. The court, in the exercise of sound discretion, may look into all the circumstances of the parties in determining what is in the best interest and welfare of the child or children. A court cannot abuse its discretion in awarding custody. The court will consider the age and gender of the child, whether there are siblings, the relationship with the parents and who has been the primary caretaker.

The parents may agree as to all issues of custody and the court must follow such agreement unless the court makes specific findings that the agreement is not in the best interest of the child.

When the child has reached 14 years of age the child may choose the parent with whom he desires to live. The child’s choice will be controlling unless the court determines such parent is not fit.

When the child is at least 11 but not 14, the court will consider the desires of the child but the child’s desires will not be controlling.

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