In any divorce, custody will be one of the most difficult subjects to resolve. Child custody in itself is a complex matter, rife with legal nuances and potentially volatile emotions. Part of a divorce attorney's job in representing a client is to help that client fully understand the different factors that may apply and issues that should be considered. Giving clear definitions of all custody and divorce-related terms and providing an outline of the process and its components can help the client gain such an understanding of the matter to know what to expect and what to do and therefore have the chance to reach a swifter and more advantageous case result.

There are a number of terms that should be understood when approaching a custody dispute. Many parents have heard these in passing or have had friends, family members and "professionals" provide their opinions and "facts" on custody-related matters. Expelling preconceived notions to find the truth can therefore be a somewhat difficult undertaking.

In the event of a divorce, the traditional arrangement is for primary physical custody to be awarded to one parent. This means that a child who is still in school will spend most days and nights living at the home of the parent with primary custody, usually with weekends spent at the non-custodial parent's house. The specific arrangement may vary, with the child spending alternate weekends with the non-custodial parent or perhaps having weeknight dinners with the non-custodial parent once a week. The child may spend approximately 22 days out of the month with the custodial parent and the remainder with the non-custodial parent. This arrangement, though it may seem archaic to some and unfair to most parents, is preferred by more traditional Judges who see it as a way to keep the child in a stable environment. Consistency is viewed as a benefit to the child, who will attend school during the week and return home on weeknights to the custodial parent's care. Because custody disputes are decided on a case-by-case basis, there is the possibility that a Judge will award allow the non-custodial parent more time with the child or even propose a 50/50 split, which in itself can cause some problems.

Attempting to determine physical custody is a delicate matter, and one that some judges will say is best decided by parents rather than by a stranger, no matter how qualified and experienced he or she may be as a family Judge. Parents have the right and freedom to decide on their own custody schedule based on their unique needs, preferences and concerns. Some variations of the traditional custody arrangement discussed above may include a child spending alternate weeks at each parent's house, splitting weeks or working out other arrangements. These custody agreements would then be ratified by a Judge so they would be legally enforceable.

When the matter of legal custody or decision making is approached, there are two primary courses it may take: sole custody and joint custody. This may seem simple enough at first glance, but there are a number of other factors to consider. But first to define sole and joint custody in terms of decision-making authority. Sole custody may be defined as the right to make any and all decisions about a child's upbringing, without having to consult the other parent or get the other parent's approval. Joint custody may be defined as an arrangement wherein parents share decision-making authority. These are the two primary arrangements of legal custody, but there is a third arrangement where parents may share decision-making authority with one parent having final say over the other.

A more modern arrangement is to divide legal custody into different areas, such as medical decisions, educational decisions or extra-curricular decisions. When parents have certain areas that they feel more strongly about than others, this arrangement may provide a valuable solution. Parents may have joint legal custody, but one parent may have the final say in a certain area, such as medical decisions, and the other parent may have final say in another area, such as educational decisions.