The standard that the court tries to use is “What is in the best interest of the children?
Sometimes this is an easy question to answer. For example, if one parent is in jail, then that parent will not get custody of the children. However, other times this question is extremely difficult to answer, for example, when both parents are honest, loving, caring, and responsible. When both parents are equally fit, then the court will usually place the children primarily with the parent who has been the primary caregiver. The primary caregiver is the parent who is primarily responsible for the everyday needs of the children – in other words, who feeds them, who picks them up from school, who helps them with their homework, etc. What about visitation with the children? Occasionally, when both parents are equally fit and each has performed a substantial caregiving role, then the court may order an equal custody split. However, what will usually happen is that one parent will get primary custody and the other parent will get visitation. Visitation is time for the non-custodial parent t
