{"id":351635,"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\/deciding-who-gets-custody-faqs.html"},"modified":"2023-07-24T16:22:33","modified_gmt":"2023-07-24T21:22:33","slug":"deciding-who-gets-custody-faqs","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-custody\/deciding-who-gets-custody-faqs.html","title":{"rendered":"Deciding Who Gets Custody FAQs"},"content":{"rendered":"\n
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Deciding Who Gets Custody FAQs<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\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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In an ideal world, divorcing or separating parents could mediate a good custody agreement. In lieu of that, the court must make a determination in the best interests of the child. Here are a few child custody frequently asked questions (FAQs) to further your understanding.<\/p>\n\n <\/div>\n\n

Below are answers to some of the most frequently asked questions (FAQs) regarding who gets child custody.
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My Spouse and I Just Filed for Divorce. Who Decides Who Will Get Custody of Our Children?<\/h2>\r\n

The parents and the court. If you and your ex can’t come to a mutual custody agreement, the court will step in. The family court may need to approve or modify the agreement. This may happen regardless of the parents’ agreement. If parents cannot reach an agreement themselves, most courts will require that they attempt to negotiate an agreement. This will usually occur through mediation, with input from their attorneys. If the parents still are unable to reach an agreement, then the court will make a custody decision, usually a family court judge.<\/p>\r\n

Ultimately, the court will issue the final child custody orders. These orders will detail who has legal custody and physical custody of the child. The parent with legal custody is responsible for decision-making. The parent with physical custody is with whom the child lives.<\/p>\r\n

If My Child Custody Case Goes to Family Court, How Will the Judge Decide Who Gets Custody?<\/h2>\r\n

The child’s "best interest<\/a>" is the most important custody concern. The family court judge will consider a wide range of factors. Ultimately, this standard helps ensure the child’s safety and well-being. Examples of relevant factors include:<\/p>\r\n