ABSTRACT
Custody and access are the primary tools or mechanisms by which the court can achieve this aim. Sole custody is associated with primary residence. The parent who has sole custody is then authorized to make decisions in the child’s best interests although the duty of care also includes consultation with the other parent. Joint custody is considered the optimal arrangement in divorce for raising children essentially because it most simulates the intact family situation. There are variations on the theme of custody that arise to meet specific circumstances. These are not frequently applied but they can be usefully employed in some families and in some contexts. The main reason for controversy appears to be that overnight care, especially during infancy, tests the limits of the shared parenting model favored by social and behavioral science as well as some legislatures. The three-year-old child is old enough to attend “preschool” and has formally moved beyond infancy.
