Who will get custody of my kids?
Usually, if you’re asking this question, what you really want to know
is with whom your kids will live. Many states also recognize “legal
custody,” which refers to a parent’s right to help make decisions, be
involved in education, and generally parent their children. Most often,
parents are awarded joint legal custody, which simply means that
they will “co-parent” their children.

Although the law varies from state to state, most states make
decisions regarding physical custody after attempting to determine
“the best interests of the children” by weighing several factors.
Those factors may include, but are not limited to the following:
   • Who has been the primary caregiver of the children during the
     marriage;
   • Stability of the proposed custodial environment;
   • Physical and mental health of the proposed custodian;
   • Moral character of the proposed custodian;
   • The preference of the child, if old enough to express an opinion;
   • Domestic violence.

Physical custody is most often only awarded to one parent,
although it may be awarded jointly. Joint custody generally means
an approximately equal split of time with the children. This type of
custody generally only works if the parties are able to cooperate
effectively with each other.

Keep in mind that you and your spouse have the authority to make
your own custody decisions, and that the custody arrangements that
generally work the most effectively are those that are reached by
agreement of the parties. The courts generally will not interfere with
the custody decisions of the parties. It is only when the parties cannot
agree that the court must determine the best interests of the children.
If think you are in a position of having to let the court determine
custody, be sure to consult with your lawyer extensively to determine
applicable law and the chances of your success.

return to questions     next question

The information contained on this website is intended to be of a general
nature, and may not address the specific circumstances of a given divorce
case. For specific advice, please contact a local attorney or other appropriate
professional. The provision of information on this website is not intended to
violate any state or local law or regulation regarding the practice of law.