Who Gets Custody?

Child custody is one of the hotly contested issues in a divorce if there are children from the marriage. Who gets custody of the children is the main question. The court will determine who gets custody after considering many factors. This section has information on how the courts determine child custody, what is the “best interest of the child” principle and factors considered by the court to decide custody. Please click on the links to know more:

  • Custody Considerations: Step-By-Step : Step-by-step guide to the child custody process, including considerations such as the type of custody arrangement; whether the court or the parents will make the final decision; and related matters.
  • Deciding Who Gets Custody : Answers to frequently asked questions about how child custody determinations are made, such as the importance of the child’s best interests; the meaning of “primary caretaker;” and more.
  • Child Visitation and Unmarried Fathers : How unmarried fathers establish paternity of a child and obtain visitation and/or custody rights; including basics of the court process; the use of child custody agreements; and related information.
  • Considering the Child’s Best Interests : Overview of how all child custody cases are supposed to be decided on the basis of the child’s best interests, including the factors that courts consider before issuing an order.
  • Who Is the Child’s Primary Caretaker? : The importance that courts place on the designation of “primary caregiver,” a term which identifies the parent who is generally the most involved in the child’s upbringing and care.

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