The primary consideration in any custody determination is the best interests of the child or children involved. This is true whether the case begins as a divorce (end of the parents’ marriage) or paternity action (parents were never married). The determination of best interests is based on the child’s safety and stability, the level of involvement by both parents, and the home environments offered to the child. Contact GordenLaw to further understand what this may mean for your case.
Two types of custody are determined by the courts: legal custody and physical custody. “Legal custody” concerns the major decisions to be made for children, including (but not necessarily limited to) choice of the child’s religion, schools, child care providers, and medical care decisions for the child. “Physical custody” involves where the child resides and the day to day decision for the child such as what they will eat for dinner, what time bed time should be, and what they will wear that day. Both legal and physical custody may be “joint” (shared), or “sole” (placed with one parent or the other).