Child custody: an overview In cases of divorce, the court of jurisdiction for the divorce proceedings also determines child custody arrangements. Under the common statutory provision, if the spouses have children together while married, the parents have joint guardianship over that child and the parental rights are equal. Each parent has an equal right to the custody of the child when they separate. When determining the home in which to place the child, the court strives to reach a decision in "the best interests of the child." A decision in "the best interests of the child" requires considering the wishes…