What is custody?
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Custody is the legal authority to control a child. The power to make important decisions about a child is generally referred to as "legal" custody. The power to maintain physical, day-to-day control over a child is generally referred to as "physical" custody. The custodial parent is the parent with physical custody of a child. The other parent is the non-custodial parent. Both parts of custody - legal and physical - can be sole or joint. Each state has a statutory standard to be used by the courts in deciding custody disputes. All 50 states have enacted the Uniform Child Custody Jurisdiction Act which is intended to avoid conflict between courts of different states in cases where parents have moved children from one state to another. In such cases, the Uniform Act provides that the proper state to decide custody is the state which was the home state (state of residence for the prior six months) at the time of commencement of the divorce action. The Uniform Act requires courts to decline jurisdiction over a custody issue if the court of another state is the home state of a child and, therefore, is the proper place to determine custody.
The most critical consideration of all state courts is the "best interest of the child." In determining the best interests of the child, courts generally consider: 1) the physical, emotional, religious, and social needs of the child; 2) the capability and desire of each parent to meet these needs; 3) the child's preference if the child is of sufficient age and capacity to form a preference; 4) the love and affection existing between the child and each parent; 5) the length of time the child has lived in a stable environment and the desirability of maintaining continuity; 6) the desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent; 7) any evidence of domestic violence, child abuse, or child neglect; 8) evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child; and 9) other factors that the court considers pertinent. In making an award of custody, the court may consider only those facts that directly affect the well-being of the child. Please see specific state for details and/or differences.What is custody?
This is not a substitute for legal advice. An attorney must be consulted.
ALABAMA The court may award the custody of the children of the marriage to either father or mother, as may seem right and proper, having regard for the moral character and prudence of the parents and the age and sex of the children. In cases of abandonment of the husband by the wife, the husband shall be awarded the custody of the children after they are seven years of age, if he is a suitable person to have custody. Although not expressly stated in the Alabama Custody Statute, decisions of the Alabama courts emphasize that the standard used by the courts concerning child custody is the "best interest" standard. The best interest of the child is the primary concern in all determination involving child custody. ALASKA The courts in Alaska are required to determine custody in accordance with the "best interest of the child." In determining the best interests of the child, the court shall consider: 1) the physical, emotional, religious, and social needs of the child; 2) the capability and desire of each parent to meet these needs; 3) the child?s preference if the child is of sufficient age and capacity to form a preference; 4) the love and affection existing between the child and each parent; 5) the length of time the child has lived in a stable environment and the desirability of maintaining continuity; 6) the desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent; 7) any evidence of domestic violence, child abuse, or child neglect; 8) evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child; and 9) other factors that the court considers pertinent. In making an award of custody, the court may consider only those facts that directly affect the well-being of the child. AS 25.24.150. If a parent requests the court order shared custody of a child, the court shall consider all relevant factors. If the court denies shared custody, the reasons for the denial shall be stated on the record. AS 25.20.090 and 25.20.100. ARIZONA Arizona law defines "joint legal custody" to mean a condition under which both parents share legal custody, and neither parent?s rights are superior. "Joint physical custody" means the physical residence of the child is shared by the parents in a manner that assures that the child has substantially equal time and contact with both parents. "Visitation" means the right to have a child physically placed with the parent and the right and responsibility to make, during that placement, routine daily decisions regarding the child?s care consistent with the major decisions made by the person having legal custody. The Arizona court shall determine custody in accordance with the best interests of the child. The court shall consider all relevant factors including: 1) the wishes of the child?s parents as to custody; 2) the wishes of the child as to the custodian; 3) the interaction and interim relationship of the child with the parents, siblings and any other person who may be important to the child?s best interests; 4) the child?s adjustment to home and school and community; 5) the mental and physical health of all individuals; 6) which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent; 7) if one parent, both parents, or neither parent has provided primary care of the child; and 8) the nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody. The court shall consider evidence of domestic violence in regarding the best interests of the child. The person who has committed an act of domestic violence has the burden of proving that visitation with that person will not endanger the child or significantly impair the child?s emotional development. In awarding child custody, the court may order sole or joint custody. In determining custody, the court shall not prefer a parent as custodian on the basis of that parent?s sex. The court may order joint legal custody without ordering joint physical custody. The court may issue an order for joint custody over the objection of one of the parents if the court makes specific written findings of why the order is in the b...
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