Before there is a court order, who has custody?

Before there is a court order, who has custody? What factors does a court consider in making a custody decision? Do mothers have an advantage in custody proceedings?

NOTICE: None of these questions and answers constitute legal advice. To obtain legal advice, consult with an attorney. This is especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case.

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Question: Before there is a court order, who has custody?
Answer: Both parents are the joint natural guardians of their child under eighteen years of age and are jointly and severally charged with the
child’s support, care, nurture, welfare and education. They have equal powers and duties, and neither parent has any right superior to the right of the other concerning the child’s custody.

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