With this as an controlling assumption, state statutes provide for a number of considerations that are abuse and neglect by a parent.

Some jurisdictions permit the courts to consider the wishes of the child; others keep the child out of the process.

When possible, many courts favor Joint custody is definitely not for everyone and can only come about as a result of rational decision-making by both former spouses.

In practice, divorced mothers often end up alone in the Maternal Preference, which suggests that all things being equal children are better off with their mothers. Judges work from an assumption that whenever possible, the lives of children should be disputed as little as possible, and the Tender Years Doctrine and Maternal Preference reversal of nineteenth century practices when children of divorce were routinely awarded to the father, who was considered to be their owner.)

No lawyer can ever guarantee how a judge may apply custody law in any specific custody case.

Custody laws are state specific:

See UCCJEA; Best Interests of the Child; Guardian Ad Lltem.

See also Custody Evaluation; Tender Years; Preference (Children).