In the past, during the beginning of the 20^th century, children were normally awarded to the father in a rare event of divorce. In those days, children were considered as property and the courts assumed that the father has a right to children's labor and services. However, this began to change in the first few decades and mothers were awarded custody based on the "tender years" doctrine, which assumed that children should be with their mothers during their formative or tender years. These presumptions made divorces very predictable with respect to custody and most other aspects were overlooked.

Disputes based on custody issues started arising between the 60’s and the 80’s when courts began to appoint temporary guardians for children whose parents were undergoing the process of divorce. The guardian ensured that the child’s rights were protected during this period and until the court decided the custodian. During this period the concept of “bets interest” took precedence and many judges started considering the interests of the children.

"Best interest" standard varies across states and countries. However some common factors could be:

• Wish of the child – if the child is of an age which is deemed reasonable for expressing the preference. Preferred age is 14 years and above.
   
• Psychological and physical health of the parents;
   
• Cultural factors.
   
• Stable home environment.
   
• Relationship with other members of household.
   
• Adjustment to school and community;
   
• Use of excessive discipline or emotional abuse
   
• Evidence of parental drug, alcohol or sex abuse.

The following is the procedure to change the original court order that gave legal custody of child(ren) to a former spouse or parent of the child in question. The first step would be to contact the Family Services Office which is located in the court which had granted the original custody.

A filing fee is charged by the court (usually $70-$80), however, it can be waived off at the discretion of the court. Hiring a lawyer is paramount.

A modification of custody is granted by the court only if an order regarding the custody has been made in the same court the former defendant lives in the jurisdiction of the court presently. Moreover, the complainant should be able to prove beyond reasonable doubt that the circumstances pertaining to the said custody have changed substantially since the last order of the court and it is in the best interest of the child(ren) to be in the complainant’s custody. A comparison with the previous court order will be made against your request by the presiding judge.

A lot of forms and papers are needed to be filled out in order to go through the motions simply stated above. In the paperwork, the first move would be to prepare a motion. The motion needs to be served to the former parent through a court marshal.

Talking to the judge in a disciplined and mannered way in the court on the day of hearing will keep the complainant in good stead.