1. Who makes decisions on child custody in a divorce?

The judge has the final say regarding all of the terms in the divorce, including custody. The judge will use a number of methods to try to determine what would be in the best interests of the child.  A home-study may be ordered so that each parent’s home circumstances will be evaluated by an expert.  The judge will listen to both parties. Frequently, the judge will also speak with the child.

For further information you may want to look at the information on the court’s site:  http://courtlink.utcourts.gov/howto/divorcen.htm#Dec

2. In a divorce, is custody of children always granted to the mother?

No.  There is no presumption that a parent should be given preference because of gender.

3. What is joint custody?  Who decides the amount of time the child is with each parent?

There are two types of joint custody.  Joint legal custody allows the parents to share in the decision-making for a child but may grant physical custody to one parent.  Joint physical custody is shared physical parenting.  In order to have a joint physical custody order, the parents are required to develop a parenting plan.