{"id":351630,"date":"2016-04-04T11:02:26","date_gmt":"2016-04-04T16:02:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/child-custody\/custody-considerations-step-by-step.html"},"modified":"2023-07-24T16:11:20","modified_gmt":"2023-07-24T21:11:20","slug":"custody-considerations-step-by-step","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-custody\/custody-considerations-step-by-step.html","title":{"rendered":"Custody Considerations: Step-By-Step"},"content":{"rendered":"\n
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Custody Considerations: Step-By-Step<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Child custody is a major aspect of a divorce. Courts generally consider the child’s best interest in making child custody determinations. Understanding the factors courts use can be helpful as you navigate the child custody process.<\/p>\n\n <\/div>\n\n

Below are a few important factors courts consider when determining who gets custody of a child<\/a>.
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#1: Type of Arrangement<\/h2>\r\n

It’s important to understand your options about different types of custody arrangements<\/a>. There are several different types of custody. For example, you and the child’s other parent may wish to work out an arrangement under which you both decide on the child’s upbringing and welfare. This is called "joint legal custody" in most states.<\/p>\r\n

You may feel that your child’s other parent is currently unfit<\/a> or incapable of any parental responsibility. In this case, you may pursue \u201csole custody" of your child. You might try to get both sole legal custody and sole physical custody of your child. This might happen when the co-parent suffers from substance use disorder or has committed child abuse or domestic violence.<\/p>\r\n

You will want to consider which type of custody arrangement is best for you and your child.<\/p>\r\n

#2: The Decision-Maker: Parents or the Court<\/h2>\r\n

The court will make the ultimate decision on child custody. The court will always make determinations in the best interest of the child.<\/p>\r\n

Parents as Decision-Makers<\/h3>\r\n

Parents can reach an out-of-court agreement on child custody and the visitation schedule. Usually, this is done with the help of attorneys, counselors, or mediators. An out-of-court custody agreement can be the result of informal settlement negotiations. Or it could be the result of alternative dispute resolution proceedings<\/a>, like mediation. In some states, divorcing couples must attempt to resolve custody disputes through mediation.<\/p>\r\n

The parents are generally free to agree to whatever workable arrangement they choose. The parents may agree to a true joint custody arrangement in which their children split time living with each parent. In these situations, the parents agree to collaborate on major decisions about children’s upbringing and welfare. Alternatively, the parents may agree that the children will live primarily with one parent, but there will be a generous visitation schedule for the other parent.<\/p>\r\n

The Court as Decision-Maker<\/h3>\r\n

If parents in a child custody dispute don’t come to an agreement, the custody decision will be made in court<\/a>. A family court judge usually makes this determination. The courts usually follow a certain procedure and adhere to common principles. They will look to a standard set of considerations when making child custody decisions.<\/p>\r\n

#3: Factors and Preferences Affecting the Decision<\/h2>\r\n

Several factors typically weigh on the decision-making process. In almost all family court cases where child custody is at issue, the court will consider the child’s best interest<\/a>. The judge will typically take several factors into account during the custody proceedings.<\/p>\r\n

Ultimately, the court looks to ensure the safety and well-being of the child. The following are some factors considered when making a custody decision in the best interest of the child:<\/p>\r\n