How Is Child Custody Determined

Two common custodial arrangements are sole custody and joint custody.

In a sole custody arrangement, the children live primarily with one parent. That parent is responsible for the care and control of the children, as well as making decisions relating to the children's welfare.

When parents divorce, and cannot mutually agree on a custody arrangement for their minor children, the court must decide the custody arrangement.

A custody order establishes the custodial arrangement of the children. A custody order is required for all minor children, and can be reviewed and changed if both parties agree or if a motion is filed with the court court. For custody information  law, see the Child Custody Act for your state.

In a joint legal custody arrangement, the parents share in making the important decisions relating to the children.

In addition, the parents may share physical custody of the children.

If parents cannot agree upon who should have custody of their children, the court will determine custody after considering the factors listed in the Child Custody Act. See your state custody guidlines.

The factors are used to examine qualities of the parents and the child's relationship with each parent. The preference of a child is only one of twelve factors that the court must consider.

Once a custody order has been entered, the court retains authority until the child reaches the age of 18.

During this period of time the court can review and change the custody order if the parents agree, or if a motion is filed and the court believes a change is in the best interests of the child.