If the spouses are unable to agree upon the manner in which they will allocate between themselves their rights and responsibilities involving their children, the Court will have to make this decision for the parties and their children.  These are the most difficult decisions that a Domestic Relations Court has to make.  The law provides that all such decisions are to be made by the Court based upon its determination of the “best interest of the child”.  There are a ...

At the present time there are essentially two ways that the rights and responsibilities involving the parties’ children can be allocated following the end of the marriage.  One way is for one spouse to be designated the child’s “residential parent and legal custodian” and the other spouse designated the “non-residential parent”.  Under this status the “residential parent” is the parent primarily responsible for the children, and that parent  has the right to make all primary decisions concerning the children.  The ...