Who determines custody

If the only thing we dont’ agree on in our separation agreement is legal and physical custody - then we file for divorce. How do we get this decision made? Will the judge make a decisions during the divorce hearing? Do I have to file a separate civil action for custody and if so do I have to have an attorney? I am concerned about legal custody - not that he is a bad father but he rarely sees her or talks to her. So I can’t get legal based on him being a bad parent, but I believe that since I am basically raising her alone I SHOULD have it.

Get everything you can agree to in writing, and if you can’t agree on custody then you’ll have to file for it. The judge will make the decision he thinks is in the best interest of the child.

You have to be a really bad parent to not get joint legal custody… most people fight over physical custody… who has the kid and child support is based on this.