While any one may be a strong reason to base the custody decision, judges must look at the whole picture in determining what is in the best interest of the child. One standard rule is to keep siblings together. A child age 12 or above may tell the judge his or her preference for custody if the court considers both parents fit. The judge, however, is not bound by the child's preference. A judge awards both physical and legal custody.
Physical custody is where the child actually lives.
Legal custody gives a parent the decision-making authority concerning the child's health, education and welfare. The judge may grant either or both custody designations to both parents, one parent, or a third party. If one parent receives physical and legal custody, the judge grants visitation rights to the other parent, unless it is not in the child's best interest. A third party receives custody only when the court finds that it is in the best interest of the child because of the parents' abandonment, immorality, mental problems, or other reasons harmful to the child. Grandparents receive no special consideration over other third parties in these cases, but they may petition the court for visitation rights in situations of divorce, termination of parental rights, or the death of one of the parents.