First, the parents can agree on any terms of child custody and visitation that they believe would work best for their children and, so long as this agreement is not against “public policy”, the family court will likely approve their custody agreement. When the parents cannot agree on the custody and visitation for their children, the courts look to the “best interests” of the children. Determining the child’s best interests involves many different factors but the overriding public policy that affects the decision on this issue is the need to provide for frequent and continuing contact with both parents.
What is the difference between legal and physical child custody?
Legal custody means that a parent has the right to make decisions affecting the children’s health, welfare and education. That is to say legal custody deals with the issues of who gets to decide what school the children go to, what church would they attend, what doctor should they see. Physical custody refers to where the children live majority of time. The court can award both legal and physical child custody to one or both of the parents.