How does the court determine who gets custody of the children? The court determines custody by determining what is in the best interest of the child based on the evidence presented. See SECTION 63-15-230. Final custody determination; considerations. By matthew|2019-12-03T12:36:51+00:00December 3rd, 2019|Family Law|0 Comments Share This Story, Choose Your Platform! FacebookTwitterLinkedInRedditWhatsappTumblrPinterestVkEmail About the Author: matthew Leave A Comment Cancel replyComment Save my name, email, and website in this browser for the next time I comment.