That has been the question since Angelina Jolie filed for divorce from Brad Pitt in September -- and it remains in dispute.
Jolie's camp argues there is already an agreement in place that allows her to retain custody of Maddox, 15, Pax, 12, Zahara, 11, Shiloh, 10, and twins Knox and Vivienne, 8.
"We can confirm that childcare professionals have encouraged a legal agreement accepted and signed by both sides over a week ago," read a statement from Jolie's camp issued to CNN Monday. "In accordance with this agreement, the six children will stay in their mother's custody, and the children will continue therapeutic visits with their father. This has been determined by childcare professionals to be in the children's best interest."
A source close to Jolie said there is no expiration date on the agreement, but modifications could be possible depending on what's in the best interest of the children.
Pitt's side says that no formal, permanent custody agreement has been decided upon yet, according to a source with knowledge of the situation.
"This was simply an extension of the existing temporary agreement, which was voluntary and is still temporary," the source said. "There is no new agreement. No permanent custody has been determined."
Last Friday, Pitt filed paper work at the Los Angeles Superior Court seeking joint and physical custody of their six children.
Both Jolie and Pitt have limited what they have said publicly about both their split and any custody arrangement. Both have said their main concern is the well being of their children.
"I am very saddened by this, but what matters most now is the wellbeing of our kids," Pitt said at the time the divorce was filed. "I kindly ask the press to give them the space they deserve during this challenging time."