The factors the court has to consider
- The child's age and sex.
- The amount of contact the child has had with each parent.
- The record of each party as a parent (any neglect or cruelty will obviously be important, as will the amount of love shown).
- The child's feeling of security and being wanted.
- The child's physical, moral, emotional and religious well-being.
- The accommodation each can offer.
- The educational facilities offered.
Another important consideration is the place where the children have lived up to the time of the court hearing or separation of the parents. The courts do not like to disrupt the lives of children by moving them, unless it is necessary.
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