Child custody is often the most emotionally charged and complex part of any family law case. Whether you’re going through a divorce, separation, or a custody dispute outside of marriage, understanding how the court makes custody decisions can help you prepare and advocate effectively for your child’s best interests.
In this post, we’ll explain how child custody works, the factors courts consider, and what parents can do to protect their relationship with their children.
Legal Custody vs. Physical Custody
Custody is typically divided into two categories:
- Legal custody refers to a parent’s right to make important decisions for the child (e.g., education, healthcare, religion).
- Physical custody refers to where the child lives on a day-to-day basis.
Courts may award sole custody to one parent or joint custody, where both parents share responsibilities. Joint custody doesn’t always mean a 50/50 split—it depends on what’s best for the child.
What the Court Looks At: Best Interests of the Child
In nearly every state, child custody is determined based on the best interests of the child. This standard considers a variety of factors, including:
- Each parent’s ability to provide a stable home
- The child’s emotional bond with each parent
- History of caregiving
- Each parent’s mental and physical health
- The child’s age, needs, and preferences (depending on age/maturity)
- Any history of abuse, neglect, or substance abuse
- The willingness of each parent to support the child’s relationship with the other parent
No single factor determines custody—the judge looks at the full picture.
Temporary vs. Permanent Orders
At the beginning of a case, the court may issue temporary custody orders to establish a schedule while the case is pending. These temporary arrangements can influence the final decision, so it’s important to comply with them fully and document your parenting involvement.
Once the case concludes, the court will issue final custody orders, which may be modified later if circumstances change significantly.
Parenting Plans and Custody Schedules
In most cases, parents are encouraged—or required—to submit a parenting plan that outlines custody, visitation, holidays, decision-making authority, and communication rules.
A well-crafted plan helps avoid conflict, clarifies expectations, and puts the child’s needs front and center. If parents can’t agree on a plan, the court will create one based on evidence and recommendations from custody evaluators or other professionals.
Can Children Choose Who They Live With?
The court may consider a child’s preferences, particularly for older children (often 12 and up), but it’s not the deciding factor. Judges weigh the child’s maturity and reasons for their preference. Courts will not defer to a child’s wishes if doing so would endanger their well-being.
Modifying Custody Orders
Custody orders aren’t necessarily permanent. A parent can request a modification if there’s been a significant change in circumstances, such as:
- A parent relocating
- Changes in work schedules
- Evidence of neglect or abuse
- The child’s needs changing as they grow older
Modifications must be approved by the court and must still serve the child’s best interests.
Tips for Parents Facing a Custody Dispute
- Keep detailed records of your parenting time, communication, and responsibilities.
- Be respectful and cooperative with your co-parent when possible.
- Avoid talking negatively about the other parent in front of the child.
- Show that you are willing to support your child’s relationship with the other parent (unless doing so would be unsafe).
- Work closely with a knowledgeable family lawyer who can advocate for your rights and your child’s needs.
Final Thoughts
Child custody cases are deeply personal, and the outcome can shape your relationship with your child for years to come. Understanding the legal framework and preparing thoughtfully can make a major difference. Whether you’re seeking custody, modifying an order, or responding to a petition, an experienced family law attorney can help guide you through the process and protect what matters most—your child’s well-being. We recommend family law attorney anchorage.
