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What is custody?

Custody is the right and responsibility to make decisions affecting the well-being of the child.

There can be sole custody when one parent makes all the decisions or joint custody where both parents make the decision.

Principles of determining custody:

The main principle is do what is best for the child.  That being said here are some of the principles that the court will keep in mind:

  1. Usually siblings should stay together.
  2. The wishes of the child, especially an older child, are considered.
  3. Past conduct of the parents is usually not relevant unless it has a direct impact on the parent’s ability to be a parent to the child.

What is access?


Access is the right to visit with the child and to obtain information regarding the child’s health, education, and welfare.