Sometimes the parents will not agree on a parenting time schedule, in which case the Judge will have to determine the schedule she or he thinks would be best for the children, considering the particular facts and circumstances of the parties.  The factors the Judge considers in making this determination include, but are not limited to:

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•             The desires of the parents

•             The desires of the children

•             The interaction or relationship between the children and their parents and siblings

•             The children’s adjustment to his or her home, school, and community

•             The character and circumstances of all individuals involved

•             The need to promote continuity and stability in the life of the child

•             Any history of domestic violence in the home

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Some of the factual circumstances of the parties the Court will consider in evaluating the factors listed above include:

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•             How the parents have historically divided parental roles and duties

•             The degree to which each parent is willing to facilitate the relationship of the children with the other parent

•             Each parent’s work/commute schedule

•             Work-related child care arrangements

•             How close the parents live to each other and to the children’s schools

•             Any history of criminal behavior and/or substance abuse

•             Each parent’s living situation (home size, roommates, financial independence, etc)

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