How does the court decide issues concerning custody and visitation?
Generally, courts hearing divorce cases would prefer that the parties reach an agreement between themselves as to custody and visitation relating to the minor children. Generally, the courts believe that parents are better able than judges to resolve these disputes. However, if the parties are unable to reach an agreement on matters relating to custody and visitation, then the court will enter an order providing for this. The court will usually order that the parent shall have joint custody of any minor children, but that the child or children should physically reside with one of the parents. The other parent will be allowed frequent access to the child or children through visitation or other means. The primary question for the court is what is in the child’s best interest concerning these matters.
