{"id":26930,"date":"2022-09-05T03:28:18","date_gmt":"2022-09-05T03:28:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/amjur\/divorce-sect-849.html"},"modified":"2022-08-25T11:48:07","modified_gmt":"2022-08-25T11:48:07","slug":"divorce-sect-849","status":"publish","type":"amjur","link":"https:\/\/reference.findlaw.com\/amjur\/divorce-sect-849.html","title":{"rendered":"Am Jur 2d – Divorce and Separation \u00a7 849"},"content":{"rendered":"
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IV. Child Custody and Support; Visitation Rights, A. Child Custody; Visitation Rights, 2. Factors in Determining Custody, \u00a7 849 – Generally<\/h2>\n

In divorce proceedings, the “best interests” of the child is a proper and feasible criterion for making a decision as to which of the two parents will be accorded custody of the child.[1<\/a>] The Uniform Marriage and Divorce Act provides that the court must determine child custody in accordance with the “best interest” of the child.[2<\/a>] Under a statute governing child custody decisions in divorce actions, the enumerated factors for determining the best interests of the child are nonmandatory,[3<\/a>] nonexhaustive,[4<\/a>] and nonexclusive.[5<\/a>] In performing a best interests of the child analysis, the court must satisfy itself that it is possessed of sufficient facts to support its determination.[6<\/a>] In determining the best interests of the child, the court is to consider all relevant factors,[7<\/a>] and a judge has broad discretion to consider any factor that bears on the child’s best interests.[8<\/a>] In making this determination, the court must consider all relevant factors, including:<\/p>\n