In each case, specific legal advice should be obtained which will be responsive to the circumstances of the individual requiring it. In determining custody of a minor child, the court shall give primary consideration to the best interests and welfare of the child. A parent's level of income is usually not considered since both parents have an automatic legal obligation to support their children.
Joint custody means that both parents share the rights and responsibilities of raising the child.
In order for a judge to enter an order of joint custody, both parents must agree to it. An order of joint custody can be modified whenever either parent is unwilling to abide by it. In joint custody, both parents have the right to be involved in all major decisions concerning the child, including the child's residence, education, religious instruction, and health care. Upon the death of one parent, the surviving parent is often granted sole custody. Sole custody means that the court will designate a custodial and non-custodial parent.