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Difference between revisions of "Custody and Access"
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→Factors in custody awards
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*Siblings will usually be kept together, although they can be separated when it would be in their best interests to live apart. | *Siblings will usually be kept together, although they can be separated when it would be in their best interests to live apart. | ||
*Where the children are in a stable and satisfactory setting, the court will be reluctant to alter the status quo, unless the long-term interests of the children outweigh the benefits of disturbing their present stability. | *Where the children are in a stable and satisfactory setting, the court will be reluctant to alter the status quo, unless the long-term interests of the children outweigh the benefits of disturbing their present stability. | ||
*The court will generally take into <span class="noglossary">account</span> the preferences of children who are | *The court will generally take into <span class="noglossary">account</span> the preferences of children who are 10 or 11 years old or older, but the court will not be bound to follow the children's wishes. | ||
There is no guaranteed way to predict the outcome of a battle for custody. Some people believe that the courts will prefer giving custody of children to their mothers; others believe that the courts have adopted a more modern approach which focuses on parenting rather than on gender. Either way, the critical factor in a custody award is the best interests of the child, and the parent who is obviously the primary caregiver will usually be the person with whom it is in the child's best interests to remain. | There is no guaranteed way to predict the outcome of a battle for custody. Some people believe that the courts will prefer giving custody of children to their mothers; others believe that the courts have adopted a more modern approach which focuses on parenting rather than on gender. Either way, the critical factor in a custody award is the best interests of the child, and the parent who is obviously the primary caregiver will usually be the person with whom it is in the child's best interests to remain. | ||
