Questione giuridica chiave
Whether the cantonal custody allocation violated federal law by ignoring the mother's care capacity, the father's prior care arrangement, and the stability of the child's living situation.
Decisione estratta
The appeal succeeded because the cantonal court acted arbitrarily by failing to consider materially relevant factors, especially the child's recent stable placement with the father and the mother's limited willingness to exercise care.
Motivazione estratta
In custody matters the child’s welfare is decisive. While the court has broad discretion, it must consider all legally relevant criteria, including personal care capacity, care willingness, and stability of living conditions. The cantonal court omitted or insufficiently weighed decisive circumstances.