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Old 10-14-2005, 07:43 PM
logicalvelocity logicalvelocity is offline
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Reply to Richard Martinez

Not sure where you are living but most jurisdictions have similar laws.

BOTH parents are equally entitled to custody. The merits of custody of children use the best interest test such as listed below.

The best interest of the child determines where the child will live and which parent will have custody. In determining the best interests of a child:

a) the love, affection and emotional ties between the child and,

b) each person entitled to or claiming custody of or access to the child,

c) other members of the child’s family who reside with the child, and

d) persons involved in the care and upbringing of the child;

e) the views and preferences of the child, where such views and preferences can reasonably be ascertained;

f) the length of time the child has lived in a stable home environment;

g) the ability and willingness of each person applying for custody of the child to provide the child with guidance and education, the necessaries of life and any special needs of the child;

h) any plans proposed for the care and upbringing of the child;

i) the permanence and stability of the family unit with which it is proposed that the child will live; and

j) the relationship by blood or through an adoption order between the child and each person who is a party to the application.

Another consideration is who was and is the primary caregiver during the course of the relationship of the children.

Further, consideration may be given to the effort and attitude of the custodial parent that facilitates and maximizes contact of the children with the non custodial parent.

I don't think she can force you to leave. DO NOT leave without the children because if you do you are essentially giving the other person defacto custody. Courts generally do not interrupt the status quo if everything is going well.