Divorce – Child Custody

There are two types of child custody: physical custody and legal custody. Physical custody means which parent the child will live with primarily. A visitation schedule will have to be planned and agreed to when it comes to physical custody. Legal custody means which parent decides on major life decisions affecting the child’s health, religion, and education.

If the parties cannot agree on how to share custody of the child, the court will look to the best interest of the child to determine custody. In determining the best interest of the child, a court may consider: the primary caretaker of the child, a parent’s ability to provide a stable home environment for the child, the pre-existing relationship between parent and child, each parent’s parenting abilities and whether a parent has a history of child abuse or neglect.