The court is guided by the consideration of what appears to be in the best interest of the child.
The primary areas of consideration are; the child's material needs, win your child custody war. mental and moral welfare, fitness of either parent, contact with siblings and preference of the child if the child is of sufficient age to form an intelligent preference, the court may consider that preference in determining the question of custody. If neither parent has a decided positive preference over the other, the court may consider other factors in determining custody including; smoking, parents willingness to work with each other and other influences in the home.

If the parents agreed to a custody arrangement without going to court, they may change it, by agreement at any time. If the parents originally agreed to a custody arrangement and now only one wants the situation changed, the question will have to go before the court. The court will make the decision using the best interests criteria. From that point on custody can only be modified by the court. A parent wishing to modify custody must show by a preponderance of the evidence a substantial change in circumstances warranting a change in custody.

Both biological parents must be shown to be unfit or unwilling to care for the child before a non-parent may be given custody. This even applies to close biological relatives such as grandparents. A persons conduct may be gross and unreasonable with a spouse or others and, still be judged by the court , fit and able to care for the child. Parents will only lose custody if the gross misconduct or unfitness or other extraordinary circumstances directly affects the welfare of the child.

Joint Legal Custody (Shared Custody) is when both parents have the right and responsibilities to make decisions about the child's schooling, medical, dental, and religious life. Although both parents have legal custody one parent will be appointed as custodial parent and therefore have physical custody of the child. Joint Legal Custody does not necessarily mean 50/50 time with the child.

Sole Custody is when the custodial parent has physical custody and legal custody of a child. The non custodial parent may or may not have visitation rights.

Alternating Custody is where the child lives one parent for a specific period of time then moves and lives with the other parent for a specific period of time, then the schedule is repeated. The time with each parent may be as little as a week or as long as a year.

Bird Nest Custody is a joint custody arrangement where the child remains in the family home with the familiar surroundings of neighborhood, friends, school and activities. The parents take turns moving in and out usually maintaining a private room in the family home and another residence for the non-custodial times. This arrangement is very hard on the parents, but wonderful for the child. The negative emotional and social impact the children suffer with losing the family structure, home and social contacts are eliminated.