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Joint Custody

Time was when custody of the children in a divorce was nearly always automatically awarded to the mother.  That has changed, and fathers often receive custody of minor children.

Today the judge will look at several factors to determine who receives custody, assuming both sides want it.  The overriding factor that most judges consider is who can provide a stable home environment for the children.  Generally, whomever is keeping the house will keep the children, especially if they have lived in the house for some time.  The judge will want to know if the parent will be home enough to take care of the children.

Custody battles can be brutal and devastating on children.  Often the damage done does not manifest itself for years.  To help mitigate some of this, some judges will award joint custody of the children.  One parent will still maintain actual physical custody (the children will live with him or her), but both parents will share in the decision making regarding the children, and each will have an equal say.  These decisions can include issues about the children's medical care, where they will attend school, etc.  For this to work, the parents need to be able to communicate effectively and in a civil manner.

Actual joint physical custody, where each parent has the children for a portion of the year, is rare.