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  • Writer's pictureThe Gracey Law Firm

Child Custody Q&A: Who gets the Child?

The process of going through a child custody trial is a delicate process, with emotions running high and feelings of protectiveness expressing themselves in motions and charges. It is important to know what exactly goes on during a child custody dispute so that you and your child can achieve the most beneficial results for everyone involved.

Q: In a Divorce, Who Gets Custody of Our Child?

During child custody disputes, the court always makes a decision based on the best interest of the child. Courts have a gender neutral policy, which was established in 1970 under the Child Custody Act of 1970, which favors neither the mother nor father over the other as best guardian for the child. Instead, courts assess the ability of each parent as an individual to care for their child or children.

While third parties are allowed in limited custody circumstances (for example, if either parent is not able to care for the child/children) the court generally favors the parent over a third party.

It is also important to note that a trial court can modify its judgement on a case at a later date if there is proper cause shown or a change in circumstances. And the only way to alter this, would be if a court changed its decision in, of course, a child’s best interests.

Q: Does Only One Parent Get Custody of Our Child? Or Can We Split it?

There are two types of custody for parents.

1) Sole Custody

Sole custody is when one parent has complete authority as an individual to make decisions as to what is best for their child.

2) Joint Custody

Joint custody is where the custody of the child is managed by both parents, meaning they both have the right to make decisions based on the best interest of their child.


We understand the sensitive nature of family law issues, and the impact their resolution will have on you and your children. The Gracey Law Firm is founded on the principle that family law provides an essential service by protecting clients' legal rights while preserving meaningful family emotional connections.

Every aspect of divorce whether it is child custody, child visitation, child support, spousal support, property settlement or the division of assets are decisions that require experienced legal advice. We have the knowledge, expertise, and commitment to craft outcomes favorable to our clients. Aware that divorce and other family law disputes affect the core structure of the family--relationships, ability to maintain income and lifestyle, emotional stability of each family member.

Don't hesitate to schedule a free initial consultation.

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