The Best Interest of the Children
Custody, unless there is an agreement, is decided by the judge. The judge looks at the situation as to what is in the child’s best interest, not necessarily which is a better parent. They look at things such as who is the primary caregiver and who can provide a stable environment with minimal disruption to the child’s current everyday routine. At times a judge may appoint a guardian ad litem, who will investigate or visit with each spouse as well as the child in order to give a report to the judge to assist in determining custody.