Courts determine child custody based on the "best interests of the child" standard. While specific factors vary by state, courts generally consider:
The child's needs: Age, health, emotional ties with each parent, and adjustment to home, school, and community.
Each parent's ability: Physical and mental health, willingness to support the child's relationship with the other parent, and history of caregiving.
Stability: Which arrangement provides the most stability and continuity for the child.
The child's preference: In many states, older children's preferences are considered, though they are not determinative.
History of abuse or neglect: Any history of domestic violence, substance abuse, or child abuse/neglect is heavily weighted.
Courts can award legal custody (decision-making authority) and physical custody (where the child lives) either jointly or solely. Many courts now favor joint custody arrangements when both parents are fit and willing to cooperate.