Custody of a child or children may be determined either through an agreement made by both parties outside of court or through a verdict by a Supreme Court or Family Court judge after a trial on the issue. A judge will evaluate a number of factors when making the determination who will have custody of the child. The judge will look at such factors including who is primarily responsible for the child's well being, each parents relationship with the child, the overall parenting ability of both parents, where each parent lives, and all other relevant factors. Usually the issue of child custody is presented in the context of a divorce or legal separation but also arises in circumstances where unmarried parents establish paternity.
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