Typically, in most divorce or paternity actions, the Court standard is what is in the child’s best interest. This is not an easy standard to determine. It can vary from child to child. The idea is that it focuses more on what the child’s needs are than on the parents.
The law says that the Judge has to make a decision where they think they can meet the children’s needs and can be looked at the specific needs of the child. It can be for different children and if children have specialized needs, that can be considered as well.
A lot of the time, the court, if things are going well with parents try and want to keep as much similarity as occurred during the marriage or during the time that the parents are together. The parenting plan is looked at as well and there can be joint physical custody as well as sole physical custody in certain circumstances.