Predating agreement

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The judge can consider the child’s preference, but the judge is never required to do so.

Finally, because the status quo of the formerly intact family will not be sustained due to the dissolution of family ties, rules regarding the burden of proof and other rules of evidence may be relaxed in a custody trial.The court, therefore, will carefully examine your conduct in the past and, based on your past history, the court will predict how you will behave in the future.The trial judge is given wide discretion in his or her determination.The judge can consider the time available to each parent to be with the child, as the judge may wish to maximize the child’s time with a parent as opposed to a babysitter or daycare center.The judge can consider the child’s bonding with each parent and with other siblings, if there are any.

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