How is child custody decided?

In Germany, custody (parental care) is presumed to be joint after divorce unless the family court decides otherwise based on the child’s best interests.

In Canada, 'best interests of the child' means the court must focus solely on what meets the child’s physical, emotional, and developmental needs — not the parents’ wishes — when making custody (parenting) decisions.

The court decides child custody (now called 'parenting arrangements') based solely on the best interests of the child, as set out in the Family Law Act 1975.

In Ireland, child custody is decided based on the 'best interests of the child', as required by law — not parental rights. Courts consider all relevant circumstances, including the child’s wishes if they’re mature enough to express them.

In Singapore, custody of children on divorce is decided by the court based on the child’s welfare as the paramount consideration — not automatically in favour of either parent.

Child custody (now called 'child arrangements') in the UK is decided based on the child’s welfare as the court’s paramount concern, following the welfare checklist in the Children Act 1989.

California courts decide child custody based on the child’s best interest, considering health, safety, welfare, and the child’s relationship with each parent.

New York courts decide child custody based on the 'best interests of the child,' considering factors like parental fitness, stability, child’s wishes (if mature enough), and history of care.

In Japan, child custody after divorce is decided based on the child’s best interests, with courts prioritizing continuity of care, the child’s wishes (if mature enough), and parental cooperation. Joint custody is not legally recognized; only one parent receives sole legal and physical custody.

In South Korea, child custody is determined by the court based on the child’s best interests; parents may agree on custody or file a petition with the Family Court.