Child Custody
In one sentence
A court's decision about which parent has the right to care for and make decisions for a child.
Plain English
Child custody refers to the legal authority to care for a child and make important decisions about their upbringing, including where they live, their education, and their medical care. Courts can award sole custody to one parent or joint custody to both parents. The court's primary concern is always the best interests of the child, considering factors like each parent's relationship with the child, stability, and the child's own preferences if they're old enough. Custody is separate from visitation rights, which allow a non-custodial parent to spend time with the child.
Ad slot
Example
A mother is awarded sole physical custody of her daughter, meaning the child lives with her full-time, while the father receives visitation rights every other weekend and has joint legal custody, allowing him to participate in major decisions.
Used in a sentence
“The court awarded joint child custody to both parents, with the children spending weekdays with their mother and weekends with their father.”
How Child Custody differs by state
Child Custody can apply differently depending on the state. Click a state to see local specifics.
Alabama
Alabama courts award custody based on the child's best interest, with no presumption favoring either parent.
Alaska
Alaska presumes joint custody serves the child's best interest unless one parent demonstrates the other is unfit.
Arizona
Arizona courts presume joint legal and physical custody is in the child's best interest unless evidence shows otherwise.
Arkansas
Arkansas courts award custody based on the child's best interest, considering all relevant factors without presuming either parent is better.
California
California courts presume joint legal and physical custody is in the child's best interest unless one parent opposes it.
Colorado
Colorado presumes joint custody is in the child's best interest unless one parent is unfit.
Connecticut
Connecticut courts apply a best-interests standard and may award joint or sole custody based on parental fitness and child's needs.
Delaware
Delaware courts apply a best-interests standard and may award joint or sole custody with emphasis on both parents' involvement.
Florida
Florida presumes shared parental responsibility is in the child's best interest unless one parent demonstrates inability to parent.
Georgia
Georgia courts apply a best-interests standard and may award joint or sole custody based on specific statutory factors.
Hawaii
Hawaii prioritizes the best interests of the child and presumes joint custody is appropriate unless one parent is unfit.
Idaho
Idaho courts apply a best-interests standard and may award joint or sole custody based on specific statutory factors.
Illinois
Illinois presumes joint custody is in the child's best interest unless evidence shows otherwise.
Indiana
Indiana courts apply a best-interests standard and may award joint or sole custody without a presumption favoring either.
Iowa
Iowa presumes joint custody is in the child's best interest and requires courts to consider it as the primary option.
Kansas
Kansas courts prioritize the best interests of the child and may award joint custody unless one parent is unfit.
Kentucky
Kentucky presumes joint custody is in the child's best interest unless evidence shows otherwise.
Louisiana
Louisiana applies a best-interests standard and may award joint custody, but sole custody remains common in practice.
Maine
Maine courts apply a best-interests standard and may award joint custody if it serves the child's welfare.
Maryland
Maryland courts apply a best-interests standard and may award joint or sole custody based on specific statutory factors.
Massachusetts
Massachusetts courts prioritize the "best interests of the child" and may award joint custody even without parental agreement.
Michigan
Michigan courts apply a detailed "best interests" test and may order joint custody to promote both parents' involvement.
Minnesota
Minnesota presumes joint legal custody is in the child's best interest unless one parent objects or circumstances warrant otherwise.
Mississippi
Mississippi courts award custody based on the best interests of the child with no presumption favoring either parent.
Missouri
Missouri courts apply a detailed best interests standard and may award joint custody if it serves the child's welfare.
Montana
Montana courts prioritize the best interests of the child and may award joint custody unless one parent poses a risk.
Nebraska
Nebraska favors joint custody arrangements and requires courts to consider the best interests of the child in all custody decisions.
Nevada
Nevada presumes joint custody is in the child's best interest unless evidence shows otherwise, making it the default arrangement.
New Hampshire
New Hampshire courts award custody based on the best interests of the child and may consider the child's preference if mature enough.
New Jersey
New Jersey courts apply a best interests standard and commonly award joint custody unless circumstances make it unsuitable.
New Mexico
New Mexico presumes joint custody is in the child's best interest unless one parent is unfit.
New York
New York courts award custody based on the best interests of the child, with no automatic preference for either parent.
North Carolina
North Carolina courts determine custody based on the best interests of the child without presuming either parent's superiority.
North Dakota
North Dakota favors joint custody when both parents are fit and willing to share parenting responsibilities.
Ohio
Ohio courts award custody based on the best interests of the child, considering factors like stability and each parent's involvement.
Oklahoma
Oklahoma courts prioritize the child's best interest and may award joint custody unless one parent is unfit.
Oregon
Oregon presumes joint custody is in the child's best interest unless circumstances suggest otherwise.
Pennsylvania
Pennsylvania courts apply a best-interest standard and may award sole or shared custody based on specific statutory factors.
Rhode Island
Rhode Island courts award custody based on the best interest of the child, with no presumption favoring either parent.
South Carolina
South Carolina courts apply a best-interest standard and may award joint or sole custody based on statutory factors.
South Dakota
South Dakota favors joint custody arrangements and presumes both parents should remain involved in major decisions.
Tennessee
Tennessee courts award custody based on the best interests of the child, with no presumption favoring either parent.
Texas
Texas presumes that joint managing conservatorship (shared custody) serves the child's best interests unless evidence shows otherwise.
Utah
Utah favors joint custody and requires courts to consider both parents' involvement unless safety concerns exist.
Vermont
Vermont courts award custody based on the best interests of the child, with emphasis on maintaining strong relationships with both parents.
Virginia
Virginia courts prioritize the child's best interests and may award joint or sole custody based on a statutory list of factors.
Washington
Washington presumes joint custody is in the child's best interest unless one parent proves otherwise.
West Virginia
West Virginia courts award custody based on the child's best interests, with no presumption favoring either parent.
Wisconsin
Wisconsin courts apply a detailed best-interests test and may award joint custody if both parents agree or if it benefits the child.
Wyoming
Wyoming courts decide custody based on the child's best interests without presuming either parent is better suited.
District of Columbia
DC courts apply the best-interests-of-the-child standard and presume joint custody is in the child's best interest unless proven otherwise.
Related terms
Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
No-Fault Divorce
A divorce granted without requiring either spouse to prove wrongdoing by the other.
Child Support
Court-ordered payments from one parent to the other for a child's living expenses.
Alimony
Court-ordered payments from one spouse to another after divorce or separation.
Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Community Property
Property acquired during marriage that is owned equally by both spouses, regardless of who earned it.
Spousal Support
Court-ordered payments from one spouse to another, typically during or after divorce proceedings.
This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.