Child Custody

Child custody refers to a court's decision to award a parent or guardian physical custody of a child as well as responsibility for making all decisions related to a child's upbringing.  This determination is often made as part of a divorce proceeding.  The decision of the court is primarily based upon what it determines are the best interests of the child. 

The parent who is vested with the physical custody of the child is called the custodial parent, and the parent who has a visitation schedule is the non-custodial parent.  Although both parents are still required to contribute financial support to the child, only the non-custodial parent will be required to formally pay child support to the custodial parent.  In some cases, usually where the parents agree, the parents are granted joint custody irrespective of their divorce.