However, the law no longer gives special preference to mother over fathers. The result in any given case will depend on the particular facts and circumstances of that case. An award of sole custody to one parent with no custody or visitation rights to the other is rare. An equal sharing of custody of children is also possible in appropriate cases. An important factor considered by the court in determining custody is that the children continue to live in a familiar and stable home environment.
Courts are reluctant to disturb an existing arrangement if the children are doing well.
The courts are also reluctant to split siblings between parents. A parent seeking custody or visitation rights may file a complaint in the county where the child has lived for the past six months. In many counties, a conference will be held with an appointed hearing officer to determine whether or not an arrangement by the parents can be made. Finally, a hearing is held by the court at which all the evidence is presented and a determination is made. In most cases, the court will talk with the children to learn their feelings and preferences before making a decision.