The court may assign custody of any minor child to either parent, to the parents jointly, or even to a third party, based upon the particular facts of the case. The court will be guided by the best interests of the child, giving consideration to the wishes of the child if he or she is of sufficient age and is capable of forming an intelligent preference. The causes for the dissolution of the marriage or legal separation may also be considered in making a custody award.
Where the parents have reached an agreement, the court will usually be guided by that agreement; but, when the parents are litigating custody, the court will not only hear the parents' cases, but may also appoint a lawyer for the children so that their interests may be represented. The parents will be responsible for the fees of the children's lawyer.
The court is required by statute to order the parents of any minor child or children to attend parental educational programs in any action dealing with the dissolution of marriage, legal separation, annulment, custody, visitation, and child support (not including matters brought to temporary restraining orders for domestic violence).