Practical Law Presentations Family Law Determining Custody (download this info. as a word doc) Most of the time, parents agree on custody. If they can't the judge will hear evidence and determine custody based on the best interests of the children. Factors include: the age and gender of the children; the children's relationship with each parent, each other, and anyone else who may greatly affect their well being; each parent's wishes; the children's wishes (especially for older/more mature children) each parent's willingness and ability to care for the children and provide for their education; parents' willingness and ability to cooperate; the children's adjustment to home, school and community; evidence of spousal abuse or domestic violence. >>Family Law Home >>Separation, Annulment, Divorce >>Dividing Property in Divorce >>Determining Custody >>Tips for Divorced Parents >>Child Support Guidelines >>Unpaid Child Support Reaching the Community Home | Practical Law Presentations Home