Q: If my divorce goes to family court, how will the judge decide who gets custody?

A: In deciding who will have custody, the court will consider various factors. The overriding consideration is always the child's best interests. Often, the main factor is which parent has been the child's "primary caretaker." If the children are old enough, the courts will take their preference into account in making a custody decision.

Q: Can anyone other than a parent get custody of a child?

A: In some cases, people other than a child's parents may wish to obtain custody -- including relatives like grandparents, aunts, uncles, close family friends, or other people who wish to get custody of a child. Some states label such a situation as "non-parental" or "third-party" custody. Other states refer to the third-party's goal in these situations as seeking "guardianship" of the child, rather than custody.

Q: Do grandparents have a legal right to visitation with their grandchildren?

A: Grandparents may also wish to enforce their legal right to visitation with their grandchildren, if that right is being interfered with by the child's parent(s), i.e. after a divorce or separation. All 50 states and the District of Columbia have some variation of a law protecting grandparents' right to visitation with their grandchildren.