Often the court will enlist the services of mental health professionals to render reports with regard to custodial issues. However, the court at all times remains the final decision maker as to which custodial arrangement is most appropriate. The expressed wishes of a child are a factor to be considered by the court, as long as the child is of sufficient age and understanding to provide meaningful input.

Generally, one parent will have primary residential custody, while the non-custodial parent will be entitled to regular and meaningful visitation with the children. Visitation will not be allowed only under circumstances where access to the non-custodial parent would detrimental to the children. An alternative arrangement would involve a joint custodial arrangement. Joint custody may involve an equal sharing of the children’s time; a shared responsibility for decision making with respect to the children; or both. However, joint decision making must be premised upon a showing that the parents can effectively communicate with one another on matters which concern the children, and are not hostile or antagonistic to one another.

Because the best interests and general welfare of children is of such great importance, each party will need to retain the services of a competent attorney with experience in contested custody matters.