When considering whether a particular custody arrangement is appropriate, the court uses a variety of important factors, including:
The suitability of each parent as a custodian
The psychological and emotional needs of the child
The ability of the parents to communicate with one another
Who has and who currently is caring for the child
Whether the parents are supportive of each other’s relationship with the child
The wishes of child, depending on their age and maturity
Whether the parents are both willing to accept joint legal custody
The geographic locations of the parties
Any safety or health issues affecting the child, including domestic abuse, a parental mental illness or substance abuse by a parent.
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He can petition the Court to modify the custody or visitation if there has been a substantial change in circumstances since the Court's last Order. Courts don't like to award sole legal custody to one parent unless there there is a really good reason. Your ex may just be trying to scare you.