Can someone other than the parents have physical or legal custody? In cases where neither parent can appropriately assume custody of the children – perhaps due to substance abuse, a mental health problem or incarceration – someone other than the parents may be granted custody of the children, or given a temporary guardianship or foster care arrangement by a court. A court would rather have a child remain with family members than go with strangers.

How do the courts feel about joint custody? Judges have been encouraged to use joint legal custody where feasible. In recent years, joint legal custody has become more common, but judges generally like to make one parent the final-decision maker on legal custody issues.

What if my child wants to live with me? The wishes of a child almost never determine the disposition of the case by themselves. Courts are "wise" to the possibilities for manipulation of children, or that children will not know (or make decisions based on) what is best for them. For this reason, the wishes of a young child (under 10-11 or so) carry little weight in most custody determinations. The wishes of a young teenager (say 12-14) will generally be evaluated along with a deeper exploration by the court of why the child holds the particular preference. The wishes of an almost-emancipated child (14+) are likely to be accorded great weight for a number or reasons, not the least of which is the fact that a child of that age is capable of picking himself up and going wherever he wants.

Do I need a lawyer? Yes. Child custody disputes are complex and often depend on factors that a layman would not consider. Moreover, the parent's closeness to the subject matter makes an objective presentation of evidence nearly impossible. If you cannot afford a lawyer, often there are resources available to you at state expense. Check with your local Legal Services Corporation unit, Legal Aid Society or the court clerk.