How Child Custody Decisions Are Made

The best-interests standard

In nearly every state, custody decisions are guided by the best interests of the child. The court isn't deciding which parent is better. It's deciding which arrangement gives the child the most stability, safety and support.

Legal and physical custody

Legal custody is the right to make major decisions about a child's education, health care and upbringing. Physical custody is about where the child lives day to day. Either can be shared or awarded mainly to one parent.

What courts look at

Judges typically consider a range of factors, including:

• Each parent's role in the child's daily life so far.
• The child's ties to school, community and siblings.
• Each parent's ability to support the child's relationship with the other parent.
• Any history of family violence or substance abuse.
• In some cases, the child's own preferences, depending on age and maturity.

Parenting plans

Most custody cases end with a written parenting plan: a schedule for regular time, holidays and school breaks, plus rules for communication and decision-making. Plans that parents agree on are usually approved by the court and tend to work better long term.

How to prepare

Keep a calendar of your time with your child, stay involved in school and medical appointments, and keep communication with the other parent respectful and in writing where possible. Courts notice which parent puts the child first.