If the parties cannot agree on a timesharing schedule and/or one party believes that the other parent should not be allowed to exercise timesharing, the judge will make a decision based on the best interests of the child or children. Some of the statutory factors include:
1. The capacity and disposition of a parent to encourage a close parent-child relationship with other parent
2. The capacity of a parent to act upon the needs of the child(ren).
3. The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan.
4. The moral fitness of the parents
5. The mental and physical health of the parents.
6. The home, school, and community record of the child.
7. The demonstrated capacity to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.