How does the court determine child custody?

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Generally speaking, the Family Court will try to come up with a custody order that is “in the best interest” of the child.

As it attempts to do this, the Court must consider and work to promote two important public policies.

The Court’s first and “primary concern” is to assure the child’s health, safety and welfare.

The Court will also try “to assure that children have frequent and continuing contact with both parents after they separate, and will encourage parents to share the rights and responsibilities of child rearing.