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Establishing child custody in a divorce or other separation is obviously a difficult task for parents. Courts deciding child custody and visitation matters will make rulings based the “best interests of the child (or children).” The phrase “best interests of the child” governs all aspects of child custody and visitation. Determining the best interests of a child depends upon many factors, including the child’s age and their mental and physical health.  Additionally, the parent(s) health, lifestyle and emotional bond within the context of the parent-child relationship is considered.



There are two distinct types of custody: legal and physical. Legal custody (sole or joint) has no bearing on the physical custody of a child, and instead refers to the right and responsibility to make decisions about the rearing of the child.