There are two types of custody – legal and actual. The later speaks to who actually has the child. Legal custody is reflected by an order of court which makes provision was to whom the child should reside, who should claim the child as a dependent for tax purposes and who makes the decisions that affects the child.
In determining who gets custody, the best interest of the child is the overriding factor that the court will look at. Parties’ financial and social circumstances are also examined when determining who should get custody. Sometimes a guardian is appointed by the court, for the child during the custody proceedings. When this happens, the guardian speaks for the child and reports to the court.
Custody battles can have varying effects on children and it is often best to resolve these matter with much tact, efficiency and skill. Parties are always encouraged to approach these matters with an open mind and with the best interest of the child at heart.