If custody has been decided in a court order, then custody is according to the court order. If a written agreement exists that establishes custody, then custody is according to the agreement. If there is a conflict over custody rights, then whoever has a valid court order granting custody prevails. Failing a court order, but where there is a written agreement which covers custody, then the person with custody according to that agreement prevails. Failing either a court order or an agreement, the person with whom the child normally resides has custody.
Parents can make wills which appoint a guardian to their child in the event of their death.
Parents can agree on which of them will be guardian but the court can overlook this agreement if, in the court's opinion, it is contrary to the best interests of the child. This is a good example of how the interests of the child prevails over the interests of parents in child custody cases. In these cases, where the child is over the age of twelve, the child's consent is required although, once again, the judge does have the power to overrule the child's preference. The information is only known to be accurate as of the date of publicaton. This is not legal advice but is general legal information only.