ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Custody

How do courts decide custody?

If the parents cannot agree on custody of their child, the court decides custody according to the best interest of the child. Determining the best interest of the child involves consideration of many factors, including the health and sex of the child, the primary caregiver prior to the divorce, parenting skills and willingness to care for the child, the emotional ties between child and parent, willingness to facilitate visitation by the other parent, and each parent's moral fitness.