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This issue is the most emotional and traumatic part of most divorce cases. There is sole physical custody, joint physical custody, joint physical custody with primary residence and many other types of physical custody in between. Physical custody basically comes down to how many overnight period each person has. The basis for determining child custody is "what is in the best interest of the child". Due to the extensive nature of custody disputes and the laws involved, this subject is best left to an in-depth discussion with your attorney.

A party involved in a child custody matter should become acquainted with, study and be prepared to discuss the following factors enumerated in the Child Custody Act:

1. The love, affection, and other emotional ties existing between the parties involved and the child.
2. The capacity and disposition of the parties involved to give the child love, affection, and guidance and continuation of the educating and raising of the child in its religion or creed, if any.
3. The capacity and disposition of the parties involved to provide the child with food, clothing, medical care and other remedial care recognized and permitted under the laws of this state in place of medical care, and other marital needs.
4. The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
5. The permanence, as a family unit, of the existing or proposed custodial home or homes.
6. The moral fitness of the parties involved.
7. The mental and physical health of the parties involved.
8. The home, school, and community record of the child.
9. The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference.
10. The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
11. Any other factor considered by the court to be relevant to a particular child custody dispute.
12. The love, affection, and other emotional ties existing between the parties involved and the child.
13. The capacity and disposition of the parties involved to give the child love, affection, and guidance and continuation of the educating and raising of the child in its religion or creed, if any.
14. The capacity and disposition of the parties involved to provide the child with food, clothing, medical care and other remedial care recognized and permitted under the laws of this state in place of medical care, and other marital needs.
15. The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
16. The permanence, as a family unit, of the existing or proposed custodial home or homes.
17. The moral fitness of the parties involved.
18. The mental and physical health of the parties involved.
19. The home, school, and community record of the child.
20. The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference.
21. The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
22. Any other factor considered by the court to be relevant to a particular child custody dispute.

The reality of divorce is that both parents will still be assisting in raising the children in some form. This means that cooperation or, at the least, treating each other with decency, is a necessary commitment to be made for the sake of the children. Kids are already confused about the process, which makes it crucial that their lives return to as normal a routine as possible.

Mediation is one way to resolve child custody issues before any adversarial court proceedings. This makes good sense, since a judge doesn’t have the same grasp of your circumstances as you and your spouse do. Of course, mediation does not always resolve the issues. Fortunately, we have the experience to represent your best interests in court.