Physical or residential custody - Which parent the children will live with.
This parent is referred to as the Residential Custodian. Legal custody - who will make the decisions on behalf of the children concerning health, education, religion, and general welfare.
The court will take into consideration the best interest of the child when making the decision.
IIf the court feels that neither parent is acting in the best interest of the child a guardian ad litem may be appointed to help in making decisions on the behalf of the child.
Depending on the age of the child, their wishes may or may not be taken into consideration. Some states strongly take into consideration the wishes of the child depending on their age; some states do not consider the child's wishes at all, without regard to age.
Traditionally, the judicial system leans towards deciding in favor of the mother in custody cases
Joint physical custody
Sole legal custody
No matter how strongly you believe you would be the better parent and should have custody of the children be prepared for the court to decide against you. Be ready to accept the courts decision and move forward to work with your ex-spouse to raise your children in a way that is best for them.