• The present and past abuse committed by a party or member of the party's household, which may include past or current protection from abuse or sexual violence protection orders where there has been a finding of abuse.
  • The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).
  • Violent or assaultive behavior committed by a party.
  • Which party is more likely to encourage and permit frequent and continuing contact between the child and another party if contact is consistent with the safety needs of the child.
  • The parental duties performed by each party on behalf of the child.
  • The need for stability and continuity in the child's education, family life and community life, except if changes are necessary to protect the safety of the child or a party.
  • The availability of extended family.
  • The child's sibling relationships.
  • The well-reasoned preference of the child, based on the child's maturity and judgment.
  • The attempts of a party to turn the child against the other party, except in cases of abuse where reasonable safety measures are necessary to protect the safety of the child. A party's reasonable concerns for the safety of the child and the party's reasonable efforts to protect the child shall not be considered attempts to turn the child against the other party. A child's deficient or negative relationship with a party shall not be presumed to be caused by the other party.
  • Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.
  • Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
  • The proximity of residences of the parties.
  • Each party's availability to care for the child or ability to make appropriate child-care arrangements.
  • The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party's effort to protect a child or self from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
  • The history of drug or alcohol abuse of a party or member of a party's household.
  • xviii. The mental and physical condition of a party or member of a party's household.
  • Any other relevant factor.

D. Criminal Convictions and Charges

  • 1. Where a party seeks any form of custody the Court shall consider whether that party or member of that party's household has been convicted of or has pleaded

Instructions