There are two types of custody determinations that must be made in all divorce and paternity proceedings. The first type is "legal custody" which consists of decision making with respect to extraordinary health, education and religious issues involving the children. Therefore, if the parents are granted joint legal custody, they generally share the decision making responsibilities with respect to these issues.

Once custody is decided by agreement of the parties or Order of the Court, it is difficult to change. To modify an existing custody order, the parent requesting the modification must identify and prove a change in circumstances which endangers the child's physical or emotional health. Alternatively, the person requesting a modification must prove that the custody schedule has been modified by agreement of the parties and that the children are now living with the "non-custodial parent" and have been integrated into the home of that parent. In that instance, the non-custodial parent may apply for a formal change in the previously ordered custodial arrangement.

Custody disputes and change of custody requests are very emotional and can become very costly for both parents. The possible ill effects on the children must always be considered any time custody becomes an issue. It is therefore very important to consult with an experienced family law attorney who can protect your interests and represent you zealously during this very trying time in your life and the lives of your children.