{"id":351645,"date":"2016-04-04T11:02:29","date_gmt":"2016-04-04T16:02:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/child-custody\/how-child-custody-decisions-are-made.html"},"modified":"2023-07-25T14:00:05","modified_gmt":"2023-07-25T19:00:05","slug":"how-child-custody-decisions-are-made","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-custody\/how-child-custody-decisions-are-made.html","title":{"rendered":"How Child Custody Decisions Are Made"},"content":{"rendered":"\n
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How Child Custody Decisions Are Made<\/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

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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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Divorcing or separating parents can make custody decisions through mediation for a court’s approval.  If the parents can’t agree, the court will make custody decisions, based on the best interest of the child standard. <\/p>\n\n <\/div>\n\n

There are several important issues to consider when determining child custody rights. If you’re going through a divorce, you’ll want to know whether your child will live primarily with you. Or, whether you can make important decisions about how to raise your child.<\/p>\r\n

Parents new to the child custody system may have several questions. How are child custody decisions<\/a> made? What is the difference between legal custody and physical custody? Who makes the custody determination?<\/p>\r\n

The following is a brief discussion about deciding child custody arrangements.<\/p>\r\n

Divorce and Child Custody Decisions<\/h2>\r\n

If you’re a parent considering divorce, or if you are already involved in the process, you are probably wondering how to resolve child custody and visitation<\/a> issues. In general, either agreement between the divorcing couple (usually with the help of attorneys and mediators) or the court will decide on child custody and visitation.<\/p>\r\n

More specifically, custody and visitation decisions typically are resolved in one of two main ways in a divorce:<\/p>\r\n

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  1. The parents agree on child custody and visitation. They can do so through informal settlement negotiations<\/a> or out-of-court alternative dispute resolution proceedings like mediation or "collaborative law"<\/a> (usually with the help of attorneys).<\/li>\r\n
  2. The court decides on child custody and visitation (usually a family court judge). Ultimately, the decision-making authority is the court in these cases. The court will look at a variety of relevant factors in the best interest of the child. The court will then make a custody determination based on the best interest of the child.<\/li>\r\n<\/ol>\r\n

    Unmarried Parents and Child Custody Decisions<\/h2>\r\n

    The rights of unmarried parents in child custody may depend on whether both are legally recognized as the parents of the child. If the parents are not married, the parents may have to acknowledge the father’s paternity. If the father’s paternity is not voluntarily acknowledged, the court may have to establish paternity<\/a> with a DNA test.<\/p>\r\n

    Generally, both parents have a legal right to be part of their child’s life. This includes parenting decisions for important issues like education, health care, and religion. It is generally best for everyone if the parents can agree to a child custody and visitation arrangement out-of-court. This allows the parents to work out an agreement that works best for them, without relying on a judge. If the parents can’t agree or mediation does not work, a family court judge must decide the case.<\/p>\r\n

    The Best Interest of the Child Standard<\/h2>\r\n

    The court may prefer to give both parents shared custody (\u201cjoint custody"). In some cases, primary custody of one parent with visitation rights by the other may be in the best interests of the child. The court may order the non-custodial parent to pay child support. But the custody order may also entitle the non-custodial parent to parenting time.<\/p>\r\n

    The court may use several factors for making child custody decisions, including:<\/p>\r\n