The court prefers for parents to create their own plan for custody and parenting time (visitation). If you and your spouse cannot develop a plan, the court will use a set of factors to determine what is in the best interest of the children. These factors include the wishes of the parents, the mental and physical health of all parties, whether a parent has been convicted of abuse or neglect of the child or domestic violence and the ability of the parents to get along. The question is not who the better parent is but what is in the best interest of the children.

The court will mainly focus on the best interest of the child/children when determining custody and visitation. Personal circumstances, financial state, relationship between parent and child are but a few factors that will be taken into account. It is, however, advisable that parties determine and settle on the custody and visitation to avoid the Court involvement in this regard.