1) Is there a main factor that the court will consider where determining where our children will live?
There are many factors that the court will consider. The main factor is the best interest of the children.
2) My ex had an affair while we were married. The affair was finished by the time we divorced. Will that be considered in determining where our kids will live?
It is unlikely that the court will consider whether or not your ex had an affair while you are married.
3) Will the court listen to what my kids want with respect to where they want to live?
This depends on the Judge and the children’s attorney. Another factor will be the age of the child/children. Again, the court will rely on the best interest of the children.
4) I am more religious then my spouse. Will that be considered in the determination of custody?
The main factor that will be considered is the best interest of the child/children. The fact that you are more religious will not be determinative but it may be considered if the children were brought up with this as a significant part of their lives.
5) My ex has a criminal record. He wants custody of the children. Will his past criminal record be considered?
The most important issue is the best interest of the children. The Court may consider it if the criminal activity occurred during the children’s lifetime. If the conviction occurred years ago the court may not consider it.