Checklist: Who Gets Custody?

When parents cannot agree on a custody arrangement, the court is left with a tough decision. The court will consider many factors when deciding to whom to award custody. In many cases, a consideration of the various factors results in an award of custody to the parent who has been the child's primary caretaker.

The following checklist can help you and your attorney establish who has been the primary caretaker in your family.

Checklist: Who Gets Custody?

For more information on this topic, return to FindLaw's Who Gets Custody section, or visit the Child Custody section for other related topics.

How Do Courts Decide Custody?

Courts decide custody using the “best interests of the child" standard. Ultimately, the court prioritizes placing the child in a stable, safe environment. The court will consider several different relevant factors in the child custody case. Examples of the factors the court considers when deciding custody of the child include:

• The child's preferences (if the child is old enough)
• The needs of the child
• The parent who serves as the primary caregiver of the child
• The ability of each parent to provide care for the child
• The physical health and mental health of each parent
• Any evidence of parental substance abuse, child abuse, or domestic violence

The court looks at these factors together to make custody decisions. Remember, the court will always make custody decisions based on what is in the best interests of the child.

What Are the Different Types of Custody Arrangements?

The court may award a few different types of custody arrangements. Typically, courts prefer to give joint custody to parents, meaning that they share joint legal custody and joint physical custody. Legal custody refers to the ability of a parent to make major decisions about the child's life. Important decisions might include topics like education, healthcare, medical care, religion, or the child's upbringing. Physical custody refers to where the child lives and who cares for the child on a day-to-day basis.

If the court finds that a parent is "unfit," they might give the other parent sole custody of a child. This can be sole legal custody and/or sole physical custody. This type of custody order is usually entered if there is any evidence of child abuse or domestic violence. The parent who loses their custodial rights is called the non-custodial parent. In the court order, they might be obligated to pay child support to the custodial parent.

The non-custodial parent still has visitation rights. They are entitled to parenting time under the parenting plan. This is because the court supports the child's relationship with both parents. The parent's visitation might require supervision if the safety of the child is a concern.

Who Gets Custody? Get More Clarity From a Lawyer

Child custody disputes can be among the most contentious and complicated kinds of legal situations a person can face. The emotional toll of custody battles can make it difficult to focus on the technical aspects of your case.

Getting the help of a family law attorney can help you tremendously. They can advise you on the custody laws of your state. They will provide valuable legal advice about your parental rights and legal rights overall. Lawyers can represent you in family court.

Talk to an experienced child custody attorney today.