How to Determine Who Gets Child Custody

One of the biggest decisions when filing for a divorce is determining who gets child custody. Many custody cases are decided between the parents without interference from attorneys or courts. Sometimes, the parents cannot reach an agreement, and the courts will assist in assigning custody.

• Consider your and your spouse's schedule. The court always considers what is in the child's best interest when determining child custody. If one parent has a demanding job or is consistently absent from the home, custody may be awarded to the other parent.


• Determine the emotional bond between child and parent. Some courts may award custody to the child's primary caretaker. This means custody will be awarded to the parent who has the strongest emotional bond with the child. If this decision is left to the court, the child and parents will face lengthy psychological testing to determine the primary caretaker.


• Know your rights. It is difficult for an unwed father to get custody of a child if the mother is a good parent. However, if the father can prove the mother has not been a good mother, then custody can be awarded to the father. There are father advocacy law groups that help fathers gain custody of their children.


• Determine the parent's situation. Sometimes both parents may be found unfit to take the child. In such cases, custody may be awarded to a relative or close family friend. Some states call this "guardianship" instead of custody.


• Consider splitting the custody. Some parents may agree to a split custody situation. The child may spend one week with one parent and the next week with the other. The parents should come to a mutual agreement regarding this type of arrangement.