When parents separate, and cannot agree on the custody of their children, courts will decide the issues of custody and visitation of the children.  The famous test  utilized for deciding custody and visitation is the “best interests of the children.” The actual standards that define  the "best interests of the children" are extremely long and complex, anyone approaching a custody fight need to review their case with an attorney. One mistake may lead to loosing your children.

            Custody and visitation can be decided outside of a divorce case.  Usually, where divorce is not an issue, custody and visitation cases are before the Family Court, instead of Supreme Court.

            When custody and visitation is to be decided by the court, the judge will usually appoint a Law Guardian on behalf of the children.  The Law Guardian is a lawyer who represents the children.  They are not mediators “trying to work out a deal between the parents.”  They represent the children, they do not represent either parent.