You and your spouse can decide which of you will have custody of your child.  If you are unable to resolve this question, then a court will resolve the issue of custody for you based on the best interest of the child. Judges consider a variety of factors in determining which parent is entitled to custody.  These factors include:

(1) The love, affection and emotional ties existing between the parents or caregivers and the child;

(2) The disposition of the parents to provide for the child and the degree to which a parent has been the primary caregiver;

(3) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;

(4) The stability of the family unit of the parents;

(5) The mental and physical health of the parents;

(6) The home, school and community record of the child;

(7) The reasonable preference of the child if 12 years of age or older (although the Court may hear the preference of a younger child upon request);

(8) Evidence of physical or emotional abuse to the child, to the other parent or to any other person

(9) The character and behavior of any other person who resides in or frequents the home of a parent and such person's interactions with the child;

(10) Each parent's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child.