- When parents are unable to agree on how they are going to raise their child(ren) after separation, then a Judge or arbitrator decides which parent will have custody. In our view, an agreement regarding custody of the child(ren) is always in the best interests of the child(ren) because a Judge or Arbitrator does not get to spend as much time with the child(ren) and will base their decision on the law and not based on how the parents are feeling. A Judge or Arbitrator will consider what is in the best interests of the child(ren) when making a decision about custody of the child(ren). In order to assess the best interest of the child(ren), a Judge or Arbitrator may analyze the relationship of the parent with the child, the child’s views, the child’s past history and living conditions, the stability of the child, and the financial circumstances of those claiming custody of the child(ren).
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