However, the law no longer gives special preference to mothers 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. Denial of visitation or custody rights is not a lawful excuse for ignoring a support order. A person has the right to go to court to enforce visitation or partial custody rights, but it is a separate proceeding. Refusing to pay support because of denial of visitation or custody rights will only result in legal action being taken to enforce the support order. An order of court establishing custody or visitation rights may always be modified providing that the change is in the best interest and welfare of the children.