The right and obligation to care day-to-day for and make significant decisions about a minor child is referred to as custody. This can be subdivided into sole custody and joint custody. The initial is when one parent looks after the child while the latter is whenever both mom and dad share with major decision making and dedicate considerable amounts of time independently with the child. This is an unavoidable part of the divorce cases of couples with one or more children, particularly minor children.

If taken to court, child custody is awarded to the parent/s in line with the welfare of the child. Many different factors are considered when determining the child’s welfare, including health and gender of the child, the main caregiver prior to the breakup, willingness to look after the child, parenting abilities, emotional ties between child and parent, willingness in facilitating visitation rights by the other parent, and each of the parents’ physical, mental, financial and moral fitness.

Mothers and fathers get equal rights to custody under the laws of virtually all states. There are specific countries, however, which have family laws that grant an automatic custody of children 7 years old and below to the mother.

Despite this supposed impartiality, several family court judges have biases as by-products of their foundation and personal experiences. Some could have a deep-rooted belief that women can keep an eye on children much better than men who, in their eyes, have little know-how in parenting. Others could have an innate impression that males are instinctively better at parenting young men.

Theoretically, judges should be neutral and fair nonetheless they are also still human beings and these tendencies still seep into their decision making approach.

Another benefit of mediation is that both parents wouldn’t bear the pressure of proving to the court that it is best for the child to stay in his or her custody. The mediator himself cannot force a resolution in any event.

Taking into account the maturity, age and quality of reason , a child’s desire can be a important factor in deciding on child custody.