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The Court decides on custody based on the rule of thumb of "best interest of the child
." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.
The child's preference is taken into consideration but is NOT the deciding factor. Judges know that often, children will want to live with the adult that allows them the most freedom but is not necessarily the best custodian, so while the children's preference is noted, it does not define the judgement for custody.
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