I did, and I alluded to the fact that the custody would be 'in the best interest of the child.' My apologies for not expanding on this.
Yes, the Court will seriously consider these facts. The Court will look at the following to to seek who would be a better custodian:
(1) the wishes of the child’s parent or parents as to custody;
(2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;
(3) the child’s primary caretaker
(4) the intimacy of the relationship between each parent and the child;
(5) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child’s best interests;
(6) the child’s adjustment to home, school, and community;
(7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
(8) the permanence, as a family unit, of the existing or proposed custodial home;
(9) the mental and physical health of all individuals involved;
(10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child’s culture and religion or creed, if any;
(11) the child’s cultural background;
(12) the effect on the child of the actions of an abuser;
(13) except in cases in which a finding of domestic abuse
, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.
(Minnesota Statutes - Chapters: 518.17)
So yes, this will be entertained. However, you have to prove that the parents are essentially incapable of being good custodians. It is hard to do, since the Court will assume that the parents can change - you'd have to show that there is no hope for them to be better in raising the child.
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