Best Interests of the Child Standard Laws governing marriage and divorce vary by state, so the state you reside in will determine the types of custody arrangements available to you. Most states now use the best interests of the child standard to determine custody without preference for parental gender. The factors a court looks at to make this determination include the child’s age and specific needs; parents’ fitness and ability to care for the child; any history of abuse or neglect; existing bonds between parent and child; and sometimes the wishes of the children themselves. Courts tend to favor the parent who can provide the most stable environment for the child.

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Joint Custody One parent can have only sole physical custody of the children or both physical and legal custody. Harry Potter And The Prisoner Of Azkaban Stephen Fry Books more. Sole physical custody means that children reside exclusively with one parent, while sole legal custody means that one parent -- usually the one with physical custody -- retains the exclusive right to make decisions about the children's health, education and religious upbringing. A parent with sole physical custody can share legal custody with the other parent, who usually has the right to regular visitation.

In joint custody agreements, which courts often favor, both parents typically share legal custody of the children; however, depending on the state, it can also mean the parents share both physical and legal custody. It is often easier for mothers to get sole physical custody of very young children, since courts often award custody to the parent who has been the child’s primary caregiver. Alternatives to Going to Court Parents often work out custodial arrangements amicably without going to court.