How Courts Decide Child Custody: What Parents Should Expect

When divorced or separated parents cannot agree on a custody arrangement, the court must step in to decide where the child will live, who will make important decisions, and how much time each parent will spend with the child. Understanding how courts decide child custody can prepare parents for what lies ahead and help them make informed decisions during a custody dispute.

This guide explains the factors judges consider, the role of a family court judge, and what parents should expect during a child custody case.

What is Child Custody?

Child custody refers to a parent’s right to care for and make decisions about their child’s life. Custody is divided into two main types:

Legal custody: The right to make important decisions about the child’s education, health care, and religious upbringing.
Physical custody: Determines where the child resides and which parent provides daily care for the child.

Both types of custody can be shared or awarded solely to one parent. In some cases, a parent may be granted sole legal custody while physical custody is shared.

Types of Child Custody

Courts may grant one of several types of custody depending on the circumstances of the case.

1. Sole custody

Sole custody gives one parent full legal and physical custody of the child. The other parent may be granted visitation rights but does not have decision-making authority over the child’s life. This arrangement is often used in cases involving domestic violence, substance abuse, or when one parent is deemed unfit.

2. Joint custody

Joint custody allows both parents to share legal and physical custody of the child. This means that parents share responsibilities and decision-making authority. Joint custody requires a high level of cooperation and communication between parents.

Joint legal custody: Both parents share the responsibility of making important decisions for the child’s life, including education, medical care, and religious upbringing.
Joint physical custody: The child resides with both parents for a set amount of time, often splitting their time between the two homes.

3. Primary physical custody

Primary physical custody means the child lives primarily with one parent, but the other parent may have visitation rights. This arrangement is common when parents live in different locations or when it is in the child’s best interests to have a consistent home environment.

How Does a Court Decide Custody?

A family court judge’s primary focus in a custody case is the best interests of the child. Courts evaluate numerous factors to determine what type of custody arrangement will best support the child’s welfare, emotional wellness, and development.

Factors judges consider when determining custody

Child’s age and developmental needs
Younger children may require a more stable home environment, while older children may be able to voice their custody preference. Courts may give weight to the child’s wishes, depending on the child’s age and maturity.
The mental and physical health of each parent
A parent with serious mental health issues, untreated substance abuse, or a history of domestic violence may be less likely to receive custody. The court prioritizes the child’s safety and emotional wellness.
Parental involvement and ability to care for the child
The court evaluates each parent’s ability to provide for the child’s daily needs, such as food, clothing, and education. Parents who demonstrate a commitment to their child’s welfare are more likely to be granted primary custody or shared custody.
Child’s relationship with each parent
The court considers the strength of the bond between the child and each parent. If one parent has been the child’s primary caretaker, the court may favor awarding that parent custody.
Parental cooperation and communication
Parents who can work together and maintain open communication are more likely to be granted joint custody. In cases where parents are unable to co-parent effectively, the court may favor sole custody.
Living situation and stability
The court will examine the stability and safety of each parent’s home. If one parent provides a more stable environment, they may be granted primary physical custody.
History of domestic violence or child abuse
Evidence of domestic violence, child abuse, or any behavior that endangers the child’s welfare will affect custody decisions. The court aims to protect the child from harm.

What Happens During a Child Custody Case?

A child custody case begins when one or both parents file a petition with the family court to establish custody rights. If the parents cannot agree on a custody arrangement, a family court judge will hold a court hearing to resolve the matter.

Key steps in a child custody case

Filing a custody petition
A parent files a request for custody with the court. The petition outlines the type of custody being requested, such as sole custody or joint custody.
Court hearing
The family court will schedule a hearing to review evidence, hear witness testimony, and consider the child’s best interests.
Parental evaluations
In some cases, the court may request a custody evaluation. This process involves a mental health professional or social worker assessing the family dynamic and each parent’s fitness to provide for the child.
Temporary custody orders
While the custody case is pending, the court may issue a temporary custody order that establishes a temporary parenting schedule.
Final custody order
After reviewing evidence and hearing from both parents, the judge issues a final custody order. This order outlines physical and legal custody arrangements, visitation schedules, and parenting responsibilities.

What Can Parents Expect From a Custody Hearing?

During a custody hearing, parents present evidence to support their claims for custody. The judge will ask questions to better understand each parent’s ability to provide for the child. Evidence may include:

School records, medical records, and child care schedules
Proof of the parent’s involvement in the child’s education and extracurricular activities
Testimony from family members, teachers, or child care providers
Evidence of parental fitness, including financial stability and emotional wellness

The family court judge will evaluate the evidence and issue a final custody order.

What is a Custody Order?

A custody order is a legally binding document that outlines each parent’s rights and responsibilities. It specifies the type of custody awarded, such as sole custody or joint custody, and includes a detailed parenting schedule.

What does a custody order include?

Designation of legal and physical custody (sole or joint)
The parenting schedule, including visitation schedules for the noncustodial parent
Decision-making authority for medical, educational, and religious matters

Parents must follow the custody order as written. If one parent violates the order, the other parent can request enforcement through the family court.

How Can a Family Law Attorney Help?

Navigating a child custody case can be overwhelming, especially for parents who are unfamiliar with family law. A family law attorney can provide essential guidance and support throughout the legal process.

Benefits of hiring a family law attorney

They help parents understand their rights and responsibilities.
They advocate for a custody arrangement that supports the child’s welfare and emotional wellness.
They present evidence to support the parent’s claims for custody, visitation, and decision-making authority.

By working with an experienced attorney, parents can protect their legal rights and increase their chances of securing a favorable custody order.

Learn more about How Courts Decide Child Custody: What Parents Should Expect. Call The Law Office of Laurence J. Brock at (909) 466-7661 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward resolution and peace of mind.

Frequently Asked Questions

1. How do family courts decide child custody?
Family courts base their decisions on the best interests of the child. Judges consider factors such as the child’s age, the parent’s ability to provide care, and any history of abuse or neglect.

2. What is the difference between legal custody and physical custody?
Legal custody refers to decision-making authority for the child’s education, health, and welfare. Physical custody determines where the child resides and which parent provides daily care.

3. Can a parent request sole custody?
Yes, a parent can request sole custody if they believe it is in the child’s best interests. Courts may grant sole custody if one parent is deemed unfit due to domestic violence, substance abuse, or neglect.

4. What happens if a parent violates a custody order?
If a parent violates a custody order, the other parent can file a motion with the family court to enforce it. The court may impose penalties or modify the custody arrangement.

5. How can a family law attorney help with a custody case?
A family law attorney can help parents understand custody laws, prepare evidence, and advocate for their parental rights. They ensure that parents are treated fairly in court and work toward a custody arrangement that supports the child’s well-being.