The custody hearings are significantly different, whether it is a 72-hour custody hearing with DCF or a Temporary Motion date scheduled in a divorce, paternity, or custody case, and whether it is a trial or pretrial case.  Generally, though, the standard is looking in legal custody, which is about who makes the major decisions regarding the child’s custody relating to health care, school, and child welfare. Other major decisions and physical custody or placement where the child will primarily live, and how the parenting schedule will be looked at. 

It is always based on what is in the child’s or children’s best interest, and the court will evaluate the child’s relationship with each of the parents, the consistency and structure in each parent’s home, the child’s needs, which include physical, emotional, and medical needs, the child’s adjustment to the current school, home, community, network, if there is any history of abuse or neglect by the other parent, any Child Protective Services (CPS) that are involved, if there are any legal issues whether that is a restraining orders, prior orders of the court, criminal cases and such. 

Determining the factors that will help you to be able to present your approach at the hearing is important, and discussing this with an experienced custody attorney is important to do ahead of time.