In deciding who should get the primary physical custody of a child, the court looks at the following factors, known as the "Albright Factors". A good place to start is to take this Self-Test. Mark an "X" in the space under "Father" if you think a factor favors the father, or, an "X" in the space of the mother if you think it favors her in your case.
Then, total total each side and see who has most the most factors in his or her favor.
FATHER MOTHER
_______ _______ 1. The Age of the Child or Children
_______ _______ 2. The Health and Sex of the Child or Children
_______ _______ 3. Which parent has had the "Continuity of Care" prior to the separation
_______ _______ 4. Which parent has the better parenting skills and willing and able to provide child care
_______ _______ 5. The employment of the parent, including the demands, hours and responsibilities of the employment
_______ _______ 6. The physical and mental health of the parents, including the parents' age related to the health issues
_______ _______ 7. The emotional ties of each parent to the Child or Children
_______ _______ 8. The moral fitness of each parent.
_______ _______ 9. The home, community and school record of the Child or Children
_______ _______ 10. The preference of the minor Child or Children if of an age or maturity to express such an opinion.
_______ _______ 11. The stability of the home environment of either parent.
_______ _______ 12. Any other factors relevant to the parent-child relationship
_______ _______ TOTALS
Typically, whichever parent has the most factors on his or her side gets custody, but see the most recent child custody case reported, Lambes vs Lambes in the "Recent Family Law Cases Of Interest" section of this website.