The term "custody" has been defined as the care, control, and maintenance of a child. When one party is awarded sole custody of a child, it usually means that the party who has custody will make the major decisions regarding the child in his or her care, and have the child residing with him or her. Joint Custody is a more flexible term. Two parties will usually be awarded joint custody of a child only if they can work together to plan for the care and maintenance of the child. A joint custodial arrangement usually specifies when the child will reside with each parent, and how decisions affecting his or her care are to be made.

Joint custody does not mean that the child must reside equally with both parties, although that is sometimes the case. It also does not mean that both parties have to make all of the decisions regarding his or her care. The parties may agree that one party makes these decisions after informing or consulting with the other. If a court must determine which party will have custody of a child, the judge will examine all of the facts, and base his or her decision on the best interests of that child. Some of the factors that must be considered in making this decision are the stability of the home environment, the relationship between the child and others in the home, the wishes of the child if they can be ascertained, and the ability and willingness of each party applying for custody to provide the child with guidance and education, the necessaries of life, and any other special needs. If you have specific concerns about the custody of your children, you should see our lawyers.