Both parents may want physical custody of the child when they have just split up. In this case there is no existing court order for custody and no time frame where one parent has the child.
It is always best if the parents can agree on who will have physical custody or if joint custody is an option. If the parents are married and want to file for Divorce, they can agree and file a Stipulation for temporary custody, visitation and support or decide to complete their Divorce with a Marital Settlement Agreement that would address all of their issues.
If the parents are not married, one parent would file a Petition to Establish Parental Relations which establishes the father and addresses custody, visitation and support.
However, if neither parent is in agreement, the court will decide what custody arrangement is in the best interest of the child. If both parents are responsible and have taken equal part in child-rearing then the court will decide which parent is more suitable to be the custodial parent. In short, each parent has equal rights to seek the custody of the child without bias from the court.
If you have questions about Child Custody give Legal Action Workshop a call @ 1-800-HELP-444 (1-800-435-7444) or visit www.LegalActionWorkshopLAW.com .