A child’s well-being is a factor that weighs heavily on the minds of parents, and it is a serious concern for those considering a divorce or legal separation. Determining who will retain custody of a child following divorce depends on a range of factors. Below, a divorce attorney from Edmiston Law in Scottsboro, AL, answers some common child custody questions.

A Quick Guide to Child Custody

Who Decides Who Will Get Custody?

This usually depends on the process spouses follow. For example, if two parents can reach an out-of-court agreement, the question of “who will get custody” will be left up to them, though often with input from mediators, counselors, or attorneys. If they are unable or unwilling to negotiate an agreement, the custody decision will be left to a family court judge. 

What Is the Difference Between Physical & Legal Custody?

Physical custody grants day-to-day care, so a child will reside with the parent who his awarded this right. Legal custody gives a parent the right to make long-term decisions about how they are raised, as well as key aspects of their welfare — including religious instruction, medical care, and education. 

Are Courts More Likely to Award Custody to Mothers Than Fathers?

Though it has not always been the case, these days, courts will typically award custody to whichever parent is in the child’s best interest. Often, the deciding factor comes down to determining which parent has acted as the child’s primary caretaker. Provided the child is old enough, a judge will take his or her preference into consideration when making a final decision.

If you require the aid of a seasoned divorce attorney, turn to the family law experts at Edmiston Law. Backed by over 20 years of legal experience, you can depend on Parker and Dawn Edmiston to provide your case with the personalized, compassionate, and professional representation it deserves. Stop by the website or call (256) 259-0834 to schedule a consultation.