Caring for a children after a divorce can often be an ongoing source of conflict between the divorcing parents. Custody agreements must deal with the two different types of custody; physical custody, deals with the responsibilities and rights concerning the day-to-day care and activities of the children; legal custody, addresses the legal responsibilities and rights connected with the child's upbringing. Sometimes the couple agrees to an arrangement and sometimes the court determines one for them. In the past, courts regularly granted the mothers with physical custody and gave the fathers visitation rights, awarding joint legal custody of the children with the children living with the mother. However, today, where in some families both parents are working the courts have begun to realize that sometimes it is in the best interest of the children that they reside with the father, and reverse the roles of the parents. The courts are now beginning to favor joint child rearing responsibilities, with the children residing where it is most sensible and where they will flourish best.

Divorcing couples sometimes address visitation and custody issues as soon as they separate. Courts will generally try to honor any custody agreements the divorcing parents can reach together concerning the children. However if custody is contested, courts will usually require parents to participate in a mandatory mediation session. Mediation sessions utilize a specially trained neutral third party to help try and resolve some or all of their disagreements between the divorcing parents. If mediation is unsuccessful, the court will be forced to determine custody. Most courts generally come to a decisions about visitation and custody after considering what arrangement will serve the best interests of the child. The Courts will often use custody evaluations conducted by an outside expert to help them reach such a determination.

Where the divorcing parties can not agree Courts are often forced to impose standard visitation and custody orders. An average visitation schedule might allow a non-custodial parent to see their children one night a week, every other weekend and some portion of school and summer holidays. In order to change a court-ordered custody and visitation scheme the parent seeking the modification must show a substantial change in circumstances