Child Custody: Summaries of State Laws

By Jade Yeban, J.D. | Legally reviewed by Aviana Cooper, Esq. | Last reviewed March 20, 2024

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State law governs most legal matters involving the family. Child custody is no exception. Child custody laws are fairly similar across states, but there are some notable variations. Knowing your state's particular laws is key for understanding your parental rights and preparing for court.

In general, the family court looks at what is in the best interests of the child when considering a custody case. They want to disrupt the child's life as little as possible and preserve their relationship with each parent. But, this can look slightly different depending on your state.

For example, while states generally make custody determinations based on “the best interests of the child," they may disagree on what that actually means. A handful of states don't officially consider the wishes of a child when awarding custody.

In some states, if your child is of a certain age, they may consider the child's preference for where they live.

In addition, some states reject the traditional phrase “child custody," preferring terminology such as “parental responsibilities."

This article describes the basics of child custody laws. The chart at the end contains summaries and links to each state's specific child custody statutes.

What Different Custody Arrangements Are There?

In family law, there are four primary types of custody arrangements:

  • Joint custody
  • Physical custody
  • Legal custody
  • Sole custody

In most states, the court generally prefers to give joint custody of the child to both co-parents. This usually means that parents share both joint physical custody and joint legal custody of the child.

Physical custody refers to where the child lives on a day-to-day basis.

Legal custody refers to the parent's ability to make major decisions about the child's life. This might be decisions involving health care, medical care, or education.

After the court looks at several different factors, it will make a determination using the best interests of the child standard. The court might look at the child's wishes and the physical and mental health of each of the child's parents. The court will see if there is any evidence of domestic violence or child abuse. Ultimately, the court will make a decision that promotes the well-being and welfare of the child.

If a parent is considered “unfit" to parent under state law, they may lose some of their custody rights. The court might create a custody order where the other parent has sole custody of the child rather than each parent having equal rights.

The custodial parent will be the primary caregiver of the child. They will also be the main decision-making authority of the child.

However, the non-custodial parent will still have the right to parenting time. The court order may also order them to pay child support. The non-custodial parent pays child support to the custodial parent to cover the expenses of the minor child.

A judge may also enter temporary custody orders while the divorce proceedings are ongoing. These orders include details about custody of the child, parenting time, and child support. These are not the court's final orders and may change when the divorce is finalized. Temporary custody orders are also given when custody disputes occur at any time.

Custody Evaluations and Guardians ad Litem

If the parents cannot agree on a parenting plan or there are custody disputes, a judge may appoint a guardian ad litem (GAL) for the children. Some states use the term best interests attorney (BIA) instead of guardian ad litem. The GAL's job is to protect the child's needs and be their voice in court. A GAL may also be appointed when there are allegations of child abuse or domestic violence in the marriage.

The judge may order a custody evaluation in these situations. A mental health professional will look at the parents' homes and each parent's ability to care for the child or children. They will recommend a parenting agreement and who should have primary custody of the child.

Get Legal Help With Your Custody Case: Contact a Local Attorney

Child custody matters are never easy, emotionally or legally. It's important to protect your right to maintain a close, healthy relationship with your child. An attorney can help tremendously with your child custody case.

If you're facing a child custody issue, consider contacting a family law attorney in your area. An experienced attorney knowledgeable about your state's custody and divorce laws can help protect your parental rights and the best interests of your child.

Summaries by State: Child Custody Laws

When working out a custody agreement, it helps to understand the law of your particular state. The table below includes a brief description of each state's custody laws, as well as a link to its specific divorce and custody statutes.

Alabama Child Custody Laws 
Joint custody is an option. Courts will consider the wishes of the child in custody matters.
 
Alaska Child Custody Laws
Courts determine the best interests of the child based on numerous factors, including the emotional needs of the child, the relationship between the child and each parent, and the wishes of the child.
 

Arizona Child Custody Laws
Joint custody is an option. Courts will consider the wishes of the child in custody matters.

Arkansas Child Custody Laws
In determining the “best interests of the child," the judge considers numerous factors, including each parent's home environment, the parents' work schedules, and the child's preference.

California Child Custody Laws
The California child custody procedure mostly centers around creating a parenting plan. The parenting plan lays out the custody details and should be agreeable to both parents. More importantly, it must be in the child's best interests. Otherwise, a court will not accept the plan.

Colorado Child Custody Laws
In 1999, Colorado switched from calling child custody by its traditional name, instead using the term “parental responsibilities."

Connecticut Child Custody Laws
Joint custody is an option; courts will consider the wishes of the child in custody matters.

Delaware Child Custody Laws
Joint custody is an option. Courts will consider the wishes of the child in custody matters.

District of Columbia Child Custody Laws
D.C. law includes a presumption that joint custody is in the best interests of the child. This presumption can be challenged (rebutted) in custody proceedings.

Florida Child Custody Laws
Joint custody is an option. Courts will consider the wishes of the child in custody matters.

Georgia Child Custody Laws
Georgia child custody laws specify that children aged 14 and older may choose which parent to live with. However, the judge may overrule this decision if the child's decision is not in the child's best interests.

Hawaii Child Custody Laws
Joint custody is an option. Courts will consider the wishes of the child in custody matters.

Idaho Child Custody Laws
Like most states, Idaho uses the “best interests of the child" standard to determine child custody.

Illinois Child Custody Laws
Illinois child custody laws specify that children aged 14 and older may choose which parent to live with. However, the judge may overrule this decision if the child's decision is not in the child's best interests.

Indiana Child Custody Laws
Indiana family courts can consider any factor relevant to a child's best interests. These factors include the child's relationship with any siblings and the need for consistency and continuity in education and community. By age 11, a child typically may tell the judge his or her custody preference.

Iowa Child Custody Laws
Joint custody is an option. Courts will consider the wishes of the child in custody matters.

Kansas Child Custody Laws
Joint custody is an option. Courts will consider the wishes of the child in custody matters.

Kentucky Child Custody Laws
In determining what is best for the child, a judge will consider numerous factors, including the child's wishes, the emotional bonds between the child and both parents and how hard it would be for the child to adjust to a new neighborhood or school.

Louisiana Child Custody Laws
Joint custody is an option. Courts will consider the wishes of the child in custody matters.

Maine Child Custody Laws
Maine law states that moms and dads are the “joint natural guardians" of their children. Parents can be granted joint custody.

Maryland Child Custody Laws
Joint custody is an option. A child 16 or older may petition for a change of custody.

Massachusetts Child Custody Laws
Massachusetts does not generally consider the wishes of the child in custody matters.

Michigan Child Custody Laws
Joint custody is an option. Courts will consider the wishes of the child in custody matters.

Minnesota Child Custody Laws
If the court decides the child is mature enough, the judge may interview the child in chambers to determine their preference for a custodial parent.

Mississippi Child Custody Law
Courts do not officially consider the wishes of the child in custody matters.

Missouri Child Custody Laws
The court determines custody based on the best interests of the child. Custody can be joint legal, joint physical, sole legal, sole physical, or any combination.

Montana Child Custody Laws
In Montana, child custody and visitation rights are called “parenting." A family law judge will decide the terms of a parenting agreement unless both parents can agree on a plan that meets the court's approval.

Nebraska Child Custody Laws
A custodial parent may relocate out of state with his or her children if the other parent doesn't object and if the court finds a good reason to allow the move, such as remarriage or a job.

Nevada Child Custody Laws
Joint custody is an option. Courts will consider the wishes of the child in custody matters.

New Hampshire Child Custody Laws
New Hampshire family courts consider a wide range of factors when making custody determinations, including the wishes of the child.

New Jersey Child Custody Laws
If the parents are seeking joint custody, the court will examine their ability to agree, communicate, and cooperate with regard to the child.

New Mexico Child Custody Laws
A child can state a preference for which parent they would rather live with at any age. At age 14, the child's wishes are taken more seriously by the court.

New York Child Custody Laws
In determining the “best interests of the child," the judge considers several factors, including each parent's ability to care for the child, the parent's work schedules, and the parents' ability to cooperate with each other.

North Carolina Child Custody Laws
Joint custody is an option. Courts will consider the wishes of the child in custody matters.

North Dakota Child Custody Laws
There is an assumption that a relationship with both parents is in the child's best interests.

Ohio Child Custody Laws
In determining the “best interests of the child," the judge considers several factors, including the parents' willingness to cooperate with each other and the physical proximity of their homes to one another.

Oklahoma Child Custody Laws
Joint custody is an option. Courts will consider the wishes of the child in custody matters.

Oregon Child Custody Laws
Oregon does not generally consider the wishes of the child in custody matters.

Pennsylvania Child Custody Laws
If parents are unable to present a suitable parenting agreement for the court's approval, the court will issue its own order to settle the matter.

Rhode Island Child Custody Laws
When determining custody, the child's own preference will be taken into account if the court believes the child is mature enough to make such a decision.

South Carolina Child Custody Laws
South Carolina significantly modified its child custody laws in 2012.

South Dakota Child Custody Laws
South Dakota encourages joint custody between parents and considers children's preferences when old enough to make their own decision.

Tennessee Child Custody Laws
Tennessee courts are required to state, in writing, why their custody decision is in the child's best interests.

Texas Child Custody Laws
Parents may choose to file a proposed parenting plan with the court. If they do not file, the court will decide on a custody arrangement.

Utah Child Custody Laws
In determining the “best interests of the child," the judge considers several factors, including the parents' demonstrated moral standards and the bonding between each parent and their child.

Vermont Child Custody Laws
Vermont refers to child custody as “parental rights and responsibilities." A family law judge will decide the terms of a parenting agreement unless both parents can agree on a plan that meets the judge's approval.

Virginia Child Custody Laws
Joint custody is an option. Courts will consider the wishes of the child in custody matters.

Washington Child Custody Laws
Washington child custody laws do not use the terms “custody" and “visitation." Instead, they refer to a parenting plan. A parenting plan should include where the children will live and with which parent, how the parents will make decisions regarding the children, and how future disputes between the parents will be resolved.

West Virginia Child Custody Laws
Joint custody is an option. Courts will consider the wishes of the child in custody matters.

Wisconsin Child Custody Laws
Joint custody is an option. Courts will consider the wishes of the child in custody matters.

Wyoming Child Custody Laws
Joint custody is an option. Courts will consider the wishes of the child in custody matters.

 

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Can I Solve This on My Own or Do I Need an Attorney?

  • Both parents can seek custody of their children — with or without an attorney
  • An attorney can help get the custody and visitation agreement you want
  • An attorney will advocate for your rights as a parent

A lawyer can help protect your rights and your children's best interests. Many attorneys offer free consultations.

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Don't Forget About Estate Planning

Once new child custody arrangements are in place, it’s an ideal time to create or change your estate planning forms. Take the time to add new beneficiaries to your will and name a guardian for any minor children. Consider creating a financial power of attorney so your agent can pay bills and provide for your children. A health care directive explains your health care decisions and takes the decision-making burden off your children when they become adults.

Start Planning