When it comes to issues of child custody a lot of emotions are involved. The court looks at what is in the best interest of the child when awarding custody. If the court is of the view that the mother should have custody, custody will be awarded to her. If the court looks at the circumstances and comes to a conclusion that it is in the best interest of the child for custody to be awarded to the father, the court would award custody to him.

Generally custody would be awarded to either the father or the mother, unless both parents are unable to assume responsibility of the child. In such a case, the court has the power to award custody of the child to any person in so far as that would be in the interest of the child.

Physical custody determines where the child resides. The court can grant physical custody to either the mother or the father. The court believes that both parents should be involved in raising a child. In that regard, visitation rights would be given to the non-custodial parent. This type of arrangement is called joint custody. In other words, when the court awards joint custody, generally, one parent would have physical custody of the child, while the other parent has visitation rights.

In a sole custody arrangement, the custodial parent would make all the decisions on behalf of the child without involving any input from the other parent. The court would be reluctant to give sole custody to one parent unless there are compelling reasons and circumstances which requires such an arrangement.

During a custody hearing, it is not in the best interest of either parent to slander the other. The court looks at what is in the best interest of the child, not what favours the parents.