Details on State Child Custody Laws

State laws govern the determination of child custody and visitation. Typically part of a divorce case, custody laws also are relevant when a child is born out of wedlock or when there is a paternity dispute. But even though it is a state issue, all states consider the best interests of the child and have other similarities in how custody and visitation are handled. Additionally, each state has enacted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJA), which ensures greater cooperation among states when a child is abducted across state lines by a non-custodial parent (through abduction or otherwise).

This article covers state child custody and visitation laws in general. See FindLaw's extensive Child Custody section for more articles, including Custody and Visitation in Non-Divorce Cases and Custody or Visitation Interference.

How State Courts Determine Child Custody

In the best-case scenario, when the parents reach an amicable agreement on their own, the courts don't get too involved in custody decisions. The court will approve most reasonable arrangements, but may reject an agreement if it does not serve the best interests of the child. When parents are unable to come to an agreement, which is quite common, the court will step in to decide what's best.

But while the goal in every state is to award custody on the basis of what's best for the child, the procedures often differ. For instance, Florida statute requires family courts to order joint custody "unless the court finds that shared parental responsibility would be detrimental to the child," thus favoring joint custody arrangements. Meanwhile, Wyoming is the only state lacking the authority to appoint a guardian ad litem or attorney to represent a child in custody cases.

Visitation Laws at a Glance

Unless the noncustodial parent is considered unfit to care for a child, the vast majority of states consider visitation an important part of the child custody arrangement. Under Arizona law, for instance, the noncustodial parent is entitled to "reasonable visitation" unless the court believes it would be an endangerment to the child. Parents may work out a schedule on their own, subject to court approval, but the court will decide this if there is a dispute between the parties. Most states also grant visitation rights to grandparents.

The best way to ensure a successful visitation schedule is for both parents to maintain communication and be reasonable with one another, since flexibility and compromise is crucial. In a fixed visitation, often ordered for families unable to work out a more fluid schedule, children often visit the noncustodial parent every other weekend and some holidays.

Some states also allow noncustodial parents to have "virtual" visitations with their children using video communication services when in-person meetings are impractical.

Resolving Custody Problems

Disputes over custody and visitation are not uncommon, particularly since the parents often are at odds with one another. But keep in mind that failure to abide by the visitation schedule could result in an increase in child support payments or civil fines. You should contact your divorce and/or custody lawyer if you run into any problems. See What Legal Remedies are Available if a Parent Abducts a Child? for additional details.