There are two types of custody. First is “legal” custody, which involves the ability to make decisions regarding the child’s education, health and welfare. Predominantly, courts will order joint legal custody, giving both parents the right to make these decisions.
Frequently, the most difficult issue in a divorce is determining “physical” custody. The parent who has physical custody is the person who actually raises the child in their home. The court’s decision must be in the best interest of the children, not the parents.