Generally speaking, there are two different kinds of custody: Primary Residential Custody (a/k/a the custodial parent) and Secondary Residential Custody (a/k/a the non-custodial parent).  In oversimplified terms, when the parties cannot decide which parent should have “primary residential custody,” a judge will appoint a child custody evaluator agreed upon by both parties.  The evaluator is someone recognized by the judge and the parties’ lawyers as having unique education, training and or experience that would assist the court in selecting the parent best suited for raising the parties’ children.  The cost of an evaluator, which is typically shared by the parties, generally ranges between $1,500 and $2,500.

Why can’t the judge select the primary residential parent without appointing an evaluator?  One major factor is the evaluator’s ability to go places and do things that a judge cannot.  A custody evaluator visits both parents’ homes, interviews the children, interviews witnesses, and, if qualified, may perform psychological testing on the parents and/or children.  

There is a public perception that the mother has an advantage in a fight for custody.  After all, more mothers have custody of their children than do fathers.  The reality is that fathers tend to surrender primary residential custody to the mother without a fight.  There are many reasons for this including the father’s perception that he will lose that fight anyway.  Reality is that judges will award custody to fathers when presented with compelling evidence that such an award is in the child’s best interest.

In rare cases, judges will permit Rotating Custody, which is basically a 50/50 split of custodial duties.  Rotating custody requires a very mature parenting relationship that is, quite frankly, too unique in our society.