Child Custody Laws & Forms: 50-State Survey

Family and superior courts commonly hear matters related to child custody, which in many places is referred to using terminology such as parenting time or a parenting plan. While the forms you may need to file with the court in a child custody matter will vary from state to state, similar concepts apply to judicial decision-making on this topic throughout the country.

Primarily, courts generally decide child custody or parenting time issues according to the standard of what is in the best interest of the child. This determination can encompass a number of factors that are usually articulated in a state statute, and that include issues such as the child’s emotional bond with each parent, each parent’s ability to provide for the child, the child’s adjustment to their home, school, and community, how the child relates to any siblings or other household members, the geographic distance between parental households, the parties’ ability to cooperate with regard to parenting decisions, the physical and mental health of all parties, any special or educational needs of the child, and any history of domestic violence or substance abuse in the family. You can read more here about the differences between physical and legal custody, and read more here about the distinctions between joint and sole custody.

In most states the court will give at least some consideration to the preferences of the child in a custody matter, provided that the child is of sufficient age and maturity to articulate a preference. It is also worth noting that most jurisdictions recognize the rights of grandparents to seek visitation, though some states are more permissive in this regard while others prioritize the rights of parents to make decisions regarding how to raise their children.

Finally, if your custody matter involves more than one jurisdiction, it is important to be aware of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which all states except for Massachusetts have adopted. This uniform state law addresses whether a court has the power to preside over a case that relates to more than one state, tribe, or territory. This kind of authority can be relevant not only in the context of making initial custody determinations, but also with regard to modifying existing orders or issuing emergency orders, among other things.

Click on the states below for an overview of some of the main rules associated with making child custody and parenting time determinations in each jurisdiction, along with links to the forms you may need to file as part of that process.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• District of Columbia
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Alabama

• Child’s preferences considered: A court shall consider the wishes of a child, taking into consideration the child’s age and maturity.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Code of Ala. § 30-3B-101 et seq.

Factors a court will consider relative to Alabama child custody or parenting time will center around what is in the child’s best interest, which can include things like helping a child maintain consistency in their family life and education, as well as which parent is best equipped to care for a child in light of their educational, medical, and emotional needs. In Alabama the court will always consider joint custody, but will award any type of custody that is ultimately in the child’s best interest in light of factors such as those described above. In general, when a custodial parent is thinking about relocating out of state, they must immediately give the other parent notice and an opportunity to object. Grandparents may sometimes be awarded visitation or custody.

Alaska

• Child’s preferences considered: A court may consider the preferences of a child of sufficient age and maturity.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Alaska Stat. § 25.30.300 et seq.

Issues related to Alaska child custody (also known as a parenting plan) are generally decided in accordance with what is in a child’s best interest. Factors that may influence this determination include the child’s emotional, physical, religious, and social needs and how willing or able each parent is to meet those needs, maintaining continuity in the child’s community life, and any history of domestic violence or abuse. Other issues a court may consider include the feasibility of travel between parental households, the stability that each household can provide the child, and any special needs of the child that one parent may be in a better position to meet relative to the other parent.

Arizona

• Child’s preferences considered: A court may consider the preferences of a child of suitable age and maturity.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Ariz. Rev. Stat. § 25-1001 et seq.

Arizona child custody matters (known as legal decision-making and parenting time) are typically made in the context of what is in a child’s best interest. This determination involves reviewing factors such as how the child interacts with their parents and additional children in the family, what the parents’ and child’s wishes are, who a child’s primary caregiver has historically been, and any history of domestic violence or substance abuse. Parenting time decisions are made light of things like a child’s health and age, the child’s school schedule, and parent work schedules and living arrangements. Additional relevant considerations may include the degree and nature of any coercion or duress either parent utilizes in securing an agreement regarding parenting time or legal decision-making, and whether either parent has purposely misled the court to cause delays, increase litigation costs, or convince the court to give parenting time or legal decision-making preference to that parent.

Arkansas

• Child’s preferences considered: The court may take the child’s preferences into account if the child is of sufficient age and mental capacity.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Ark. Code. Ann. § 9-19-101 et seq.

When deciding an Arkansas child custody case, a judge will favor a determination of joint custody but will ultimately look at what is in the best interest of the child. Factors that the court can consider in making this decision include whether a parent will provide adequate care and emotional support for a child, which parent is most likely to facilitate ongoing contact with the other parent, the living arrangements of both parents, the moral character of both parents, and any history of domestic violence or substance abuse. If a court determines that a parent has engaged in a pattern of purposely creating conflict so as to disrupt an existing or pending joint custody arrangement, the court may award primary custody to the other parent.

California

• Child’s preferences considered: A court shall consider and give due weight to a child’s preferences regarding custody or visitation if the child is of sufficient age and capacity to reason regarding their preferences.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Cal. Fam. Code § 3400 et seq.

How a court will resolve a California child custody case generally depends on what is in the child’s best interest. Things a judge will consider in this context include a child’s age and health, both parents’ ability to care for the child, the emotional connection between the parents and the child, the child’s connection to their community, school, or home, and any history of domestic violence or substance abuse. In making a custody determination, the court may not consider a parent’s sex, sexual orientation, gender identity, or gender expression. Also, a parent’s immigration status will not disqualify them from receiving custody. While the court may potentially consider the child’s wishes related to custody or visitation, the child is not required to express a preference or provide input.

Colorado

• Child’s preferences considered: A court may consider the preferences of a child who is sufficiently mature to articulate their own preferences relative to a parenting time arrangement.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Colo. Rev. Stat. § 14-13-101 et seq. (see p. 167)

A court deciding a Colorado child custody case will primarily consider what is in the best interests of the child, and state law generally favors shared parental rights and responsibilities to the extent possible and appropriate in a given situation. Factors that may be considered in assessing what is in a child’s best interest include the parents’ preferences related to parenting time, the relationship between the child and their parents and/or siblings, all parties’ mental and physical health (though a disability shall not alone be the basis for denying or restricting parenting time), and the child’s adjustment to their school, home, and community. The court may also consider how far apart the parties live for practical purposes in evaluating issues related to parenting time.

Connecticut

• Child’s preferences considered: The court may consider the child’s preferences if they can express an informed preference; Connecticut law does not establish a specific minimum age at which this can occur.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Conn. Gen. Stat. § 46b-115 et seq.

Connecticut child custody determinations are generally made in the context of what is in the best interest of the child. In making this assessment, a court may consider factors including the child’s temperament and developmental needs and the parents’ ability to meet those needs, the parents’ wishes, the child’s relationship with their parents and any siblings, both parents’ willingness to foster an ongoing relationship between the child and the other parent, all parties’ physical and mental health, and any history of domestic violence. Additional considerations may include whether there has been coercive behavior or manipulation by either parent in an effort to involve the child in their dispute, and how the child has adjusted to their home, community, and school environments.

Delaware

• Child’s preferences considered: The court will consider the wishes of the child in assessing what custody arrangement would be in the child’s best interest.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: 13 Del. Code § 1901 et seq.

Delaware child custody cases are determined relative to what the court finds to be in the best interest of the child. Factors the judge will consider in this context include the wishes of the parents, interaction between the child and their parents, siblings, and any other members of the household or people who may affect the child’s best interest, all parties’ mental and physical health, how parents have historically performed and are presently performing their parental duties, the criminal history of either parent, how well a child is adjusted to their home, school, or community, and any history of domestic violence. Grandparents are among the list of parties named in Delaware law as being eligible to seek visitation with a child.

District of Columbia

• Child’s preferences considered: The court shall consider the child’s wishes where practicable.
• Grandparents’ visitation rights recognized: Not explicitly, but grandparents may still petition for and obtain visitation as may other third parties.
• UCCJEA Statute: DC Code § 16-4601.01 et seq.

When deciding a District of Columbia child custody matter, a judge will do so in the context of what is in the child’s best interest. Relevant factors that the court shall consider in making this determination may include the parents’ wishes, all parties’ mental and physical health, the parents’ ability to communicate and make decisions together regarding the child’s welfare, the child’s interactions with their parents, siblings, or any other party who may affect their best interest, and any history of violence or abuse within the family. Other considerations can include parents’ work demands, how geographically far apart the parents’ homes are, parental ability to financially support a joint custody arrangement, and how the child has adjusted to their home, community, and school.

Florida

• Child’s preferences considered: The court shall consider the reasonable preference of the child if the child is deemed to be of adequate understanding, intelligence, and experience.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Fla. Stat. § 61.501 et seq.

Florida child custody matters such as those related to parental responsibility or parenting plans will be decided in accordance with what is in the child’s best interest. Matters that the court will consider when making this determination include how long the child has lived in a satisfactory and stable environment and the objective of maintaining continuity, each parent’s demonstrated ability to put the child’s needs above their own, the extent to which either parent may rely on a third party to carry out their parental duties, and the demonstrated capacity of each parent to facilitate an ongoing relationship with the other parent. Other considerations may include the physical and mental health of all parties, the parents’ moral fitness, and any history of domestic violence.

Georgia

• Child’s preferences considered: Children who are 14 or older can choose which parent to live with unless their choice is not in their best interest; in cases involving a child who is 11 or older, the judge shall consider the child’s wishes and educational needs, but the judge retains complete discretion to determine what is in the child’s best interest.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Ga. Code Ann. § 19-9-40 et seq.

When deciding a Georgia child custody case, the court will focus first and foremost on what is in the child’s best interest. Factors a judge may consider in this context include the emotional bond between the child and each parent, the child’s relationship with any siblings, half siblings, or step siblings, each parent’s understanding of and familiarity with the child’s needs, the stability of the family unit provided by each parent, each parent’s involvement (or lack thereof) in the child’s extracurricular activities, and the disposition and capacity of each parent to provide the guidance and care the child needs. Other considerations may include the parents’ work schedules, and whether the child has any educational or special needs.

Hawaii

• Child’s preferences considered: The child’s wishes shall be considered and given due weight by the court if the child is of sufficient capacity and age to reason so as to form an intelligent preference.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Haw. Rev. Stat. § 583A-101 et seq.

Hawaii child custody matters are decided in accordance with what is in the child’s best interest. Factors a court will consider in this context may include any history of neglect or abuse of the child by a parent, the quality of the relationship between the child and a parent, the child’s physical health, the child’s emotional, educational, and safety needs, a parent’s demonstrated ability to separate the child’s needs from their own, the levels of conflict within the family, the parents’ mental health, and any history of substance abuse. Additionally, the court may assess parental cooperation in devising and implementing plans to meet the child’s continuing needs, schedule, and interests, except in cases involving family violence by a parent.

Idaho

• Child’s preferences considered: The court shall consider the wishes of the child as to their guardian.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Idaho Code § 32-11-101 et seq.

An Idaho child custody matter will be decided based on the best interest of the child standard. This involves the court considering factors including the wishes of both the child and their parent(s), the child’s adjustment to their home, community, and school, the interaction between the child and their parents and any siblings, the goal of providing the child with continuity and stability, and any history of domestic violence. In a case where the child is living with a grandparent in a stable relationship, the grandparent may be considered to have the same standing as a parent in custody proceedings in determining what is in the child’s best interest. A grandparent or great-grandparent may also be granted reasonable visitation if the court finds that it would be in the child’s best interest.

Illinois

• Child’s preferences considered: The court shall consider the child’s wishes in light of the child’s maturity and their ability to communicate independent and reasoned preferences related to decision-making.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: 750 Ill. Comp. Stat. § 36/101 et seq.

Illinois child custody matters are decided in accordance with what is in the child’s best interest. Issues relevant to this determination may include how the child has adjusted to their home, school, and community, parental ability to cooperate with regard to making decisions and/or the level of conflict between the parties, the physical and mental health of all parties, the parents’ wishes, the needs of the child, the geographic distance between parental households and the logistics involved in transporting the child between them, and any history or threat of domestic violence. A court may also consider the prior level of involvement of each parent in significant decision-making on behalf of the child, as well as any prior agreements or arrangements between the parties in the area of parental decision-making.

Indiana

• Child’s preferences considered: The court shall consider the child’s wishes, with greater weight given to the preferences of children who are 14 or older.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Ind. Code Ann. § 31-21 et seq.

A judge will decide an Indiana child custody matter by evaluating what is in the best interest of the child. Factors that may be part of this assessment include the child’s age and sex, the parent or parents’ wishes, the child’s relationships and interactions with their parents, siblings, and any other person who may affect the child’s best interests in a significant way, the child’s adjustment to their school, home, and community, the physical and mental health of all people involved, and any pattern or evidence of domestic violence. A grandparent has the right to seek visitation if the child’s parent has passed away, if the child’s parents dissolved their marriage in Indiana, or if the child was born outside of marriage (though paternal grandparents may not obtain visitation if paternity has not been established).

Iowa

• Child’s preferences considered: The court may consider the child’s agreement with or opposition to a proposed custody arrangement, accounting for the child’s age and maturity.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Iowa Code § 598B.101 et seq.

Iowa child custody cases are decided in accordance with what is in the best interest of the child. Matters the court may consider when assessing a potential joint custody award include whether a parent is a suitable custodian for the child, whether the parents are able to communicate with each other regarding the needs of the child, whether the child’s development or psychological or emotional needs will be harmed due to an absence of connection with and attention from both parents, and whether both parents have actively cared for the child during the period of separation. Additional factors may include how far apart the parents live from each other, whether each parent can support the child having a relationship with the other parent, and whether an award of joint custody will present any safety issues for the child.

Kansas

• Child’s preferences considered: The child’s wishes shall be considered if the court determines that the child is of sufficient age and maturity.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Kan. Stat. Ann. § 23-37,101 et seq.

Kansas child custody matters are decided in the context of what is in the child’s best interest. Considerations in this area can include the child’s age, the parents’ wishes, the child’s physical and emotional needs, the child’s relationship and interaction with their parents, siblings, and any other involved party who may significantly impact the child’s best interest, what each parent’s role and involvement with the child has been (both before and after separation), and the willingness of each parent to facilitate and encourage an ongoing relationship between the child and the other parent. Other factors may include the parties’ work schedules, the child’s school activity schedule, the parties’ ability to communicate and cooperate regarding parental duties, and any history of abuse or violence in the family.

Kentucky

• Child’s preferences considered: The court shall consider the child’s wishes, giving due consideration to the influence that a de facto guardian or parent may have over the child’s preferences.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Ky. Rev. Stat. § 403.800 et seq.

Kentucky child custody matters are determined in accordance with what is in the best interest of the child. In making decisions in this area, the court will consider factors such as the preferences of the child’s de facto guardian or parents, the relationship and interaction between the child and their parents, siblings, and any other party who may significantly impact the child’s best interest, how the child has adjusted to their school, community, and home, the motivation of the adults taking part in the custody process, and the physical and mental health of all people involved. Additional considerations may include a parent’s intentions in placing a child with a de facto guardian and the extent to which a child has been cared for by such a guardian, and any history of domestic violence.

Louisiana

• Child’s preferences considered: The court shall consider the child’s reasonable preference if the court finds the child to be of a sufficient age to communicate a preference.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: La. Rev. Stat. § 13:1801 et seq.

Louisiana child custody matters are assessed from the standpoint of what is in the best interest of the child. In making this kind of determination, the court will consider factors including the potential for a child to experience abuse in a given situation, the emotional ties between the child and each party, the disposition and ability of each party to provide the child with affection, love, and spiritual guidance, and to continue the child’s education and upbringing, how long the child has lived in a suitable and stable environment and the goal of maintaining continuity in that regard, and the moral fitness of all parties to the extent that it may affect the child’s well-being. Other considerations may include the child’s community, home, and school history, and any history of substance abuse, criminal activity, or violence for any party.

Maine

• Child’s preferences considered: The court shall consider the child’s preference if the child is of sufficient age to express a meaningful preference.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Me. Rev. Stat. Ann. tit. 19-A § 1731 et seq.

Maine child custody cases are decided in accordance with what is in the child’s best interest. Factors a judge may consider in this regard include the child’s age, the relationship between the child and their parents or any other individual who may substantially affect the child’s best interest, the suitability and duration of the child’s present living situation and the goal of maintaining continuity, the stability of any suggested living arrangement for the child, and the child’s adjustment to their school, home, and community. Additional factors for the court’s consideration may include each parent’s capacity to encourage and allow regular and ongoing contact with the other parent, the ability of each parent to cooperate with regard to child care, and any history of domestic violence.

Maryland

• Child’s preferences considered: A judge may consider the preference of a child who has sufficient age and maturity to make a rational decision.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Md. Fam. Law Code Ann. § 9.5-101 et seq.

A judge in a Maryland child custody case will base their decision on the best interest of the child. This involves considering factors such as the parenting ability of each parent, the age and health of the child, the child’s relationship with each parent, the financial and employment status of each parent, and the ability of each parent to communicate and cooperate with the other parent in making decisions for the child. A grandparent can ask for reasonable visitation, which is usually granted if it is in the child’s best interest. If a parent opposes the request, the grandparent may need to show that the parent is unfit or that the child will be harmed if the request is not granted. A child who is 16 or older can ask the court to change a custody order.

Massachusetts

• Child’s preferences considered: A judge may consider the preference of a child who has sufficient age and maturity to have a rational opinion.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: N/A (Massachusetts UCCJA statute found at Mass. Gen. Laws ch. 209B)

A Massachusetts child custody case requires considering the child’s best interest, or the happiness and welfare of the child. A judge has broad discretion to consider any issue that may be relevant. Factors that may affect a custody decision often include the physical and mental health of each parent, the health needs of the child, the ability and willingness of each parent to care for the child, each parent’s history of caring for the child, the home provided by each parent, the lifestyle of each parent, and any history of domestic violence or sexual abuse. A grandparent can get visitation if the judge finds that it would be in the child’s best interest and that the child would be significantly harmed otherwise.

Michigan

• Child’s preferences considered: A judge may consider the reasonable preference of a child who has sufficient age and maturity to express an opinion.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Mich. Comp. Laws § 722.1101 et seq.

When a judge decides a Michigan child custody case, they will need to consider the best interest of the child by evaluating several factors. Some of these factors include the physical and mental health of each parent, the school and community history of the child, the moral fitness of each parent, the ability of each parent to meet the child’s food, clothing, and medical needs, and the ability of each parent to provide the child with love and affection, while encouraging the child’s continuing relationship with the other parent. A judge will consider any history of domestic violence by a parent, but this will not necessarily prevent a parent from getting custody or visitation.

Minnesota

• Child’s preferences considered: A judge may consider the preference of a child who has sufficient age, ability, and maturity to state an independent and reliable preference.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Minn. Stat. § 518D.101 et seq.

A judge will decide a Minnesota child custody case based on the best interest of the child. A judge may consider various factors in making this determination, such as each parent’s wishes, the mental and physical health of each parent and the child, the stability of the child’s existing and proposed homes, any history of domestic abuse, each parent’s ability to provide care for the child and history of providing care, and the ability and willingness of each parent to cooperate with the other parent in raising the child. A judge will not consider any actions by a parent that do not pertain to their relationship with the child. A disability affecting a parent or child should not be the determining factor in the decision.

Mississippi

• Child’s preferences considered: A judge may consider the preference of a child who is 12 or older, as long as both parents are fit, both parents can provide for the child, and living with the child’s preferred parent is in their best interest.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Miss. Code Ann. § 93-27-101 et seq.

In deciding a Mississippi child custody case, a judge will review many factors related to the best interest of the child. Some of these factors include the age and health of the child, the parenting skills of each parent, the ability of each parent to care for the child, the physical and mental health of each parent, the moral fitness and stability of each parent, the emotional ties between each parent and the child, and the child’s ties to their home, school, and community. A judge will assume that a parent who has committed family violence should not have legal or physical custody of a child. That parent can present evidence to convince the judge that it is in the child’s best interest for the parent to have custody.

Missouri

• Child’s preferences considered: A judge may consider the preference of a child who has sufficient age and maturity to make a sound judgment.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Mo. Rev. Stat. § 452.700 et seq.

The best interest of the child is the overarching principle that controls Missouri child custody cases. A judge has broad discretion to consider many factors in their analysis, such as each parent’s wishes, each parent’s ability to address the child’s needs, the willingness of each parent to encourage the child’s relationship with the other parent, any plans of either parent to relocate the child, the child’s adjustment to their home, school, and community, the mental and physical health of each parent and the child, and any history of domestic violence. A court may award joint physical and legal custody, sole custody, joint physical custody and sole legal custody, or sole physical custody and joint legal custody.

Montana

• Child’s preferences considered: A judge may consider the preference of a child who has sufficient age and maturity to make a sound judgment.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Mont. Code Ann. § 40-7-101 et seq.

A judge will focus on the best interest of the child in deciding a Montana child custody case. The judge will consider various factors in making their decision, such as the wishes of each parent, the relationship between the child and each parent, the relationship between the child and any siblings, the mental and physical health of each parent and the child, the developmental needs of the child, each parent’s ability to provide stability for the child, and any history of substance abuse or domestic violence. If a parent files a parenting plan action within six months of when the other parent files a child support action, the judge should assume that the parenting plan action was motivated by revenge and weigh that motive in deciding custody.

Nebraska

• Child’s preferences considered: A judge may consider the preference of a child who has sufficient maturity to articulate a preference based on sound reasoning.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Neb. Rev. Stat. § 43-1226 et seq.

A judge reviewing a Nebraska child custody action will focus on the best interest of the child. This inquiry involves considering factors such as the relationship between each parent and the child before the custody action was filed, the health, welfare, and social behavior of the child, and any history of domestic violence or child abuse. A judge will try to make sure that any custody arrangement not only ensures the safety and stability of the child but also allows for their emotional growth and education. Among other things, this requires continuing and active involvement by anyone serving in a parental role. If a parent was a victim of domestic violence, a custody arrangement will need to provide for that parent’s safety as well.

Nevada

• Child’s preferences considered: A judge may consider the preference of a child who has sufficient age and capacity to form an intelligent preference.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Nev. Rev. Stat. § 125A.005 et seq.

A judge who is deciding a Nevada child custody case will focus on the best interest of the child. This standard requires reviewing many factors, such as the ability of each parent to cooperate with the other parent in meeting the child’s needs, the mental and physical health of each parent, the relationship between the child and each parent, the physical and emotional needs of the child, any conflict between the parents, and any history of domestic violence or parental abuse, abduction, or neglect. In general, a judge will presume that both joint legal custody and joint physical custody are in the best interest of a child, as long as the parents agree to this arrangement or each parent has tried to establish a meaningful relationship with the child.

New Hampshire

• Child’s preferences considered: A judge may give substantial weight to a child’s preference if they find by clear and convincing evidence that the child has sufficient maturity to make a sound judgment.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: N.H. Rev. Stat. Ann. § 458-A:1 et seq.

In reviewing a New Hampshire child custody action, a judge will consider many factors related to the best interest of the child. Some of these factors include the relationship between each parent and the child, the ability of each parent to care for the child and address their needs, the child’s adjustment to their school and community, the willingness of each parent to encourage the child’s continuing relationship with the other parent, the ability of the parents to jointly make decisions regarding the child’s upbringing, and any history of domestic abuse and its impact on the child. A judge also has the discretion to consider the impact of a custody arrangement on the child’s relationship with any other important person in their life.

New Jersey

• Child’s preferences considered: A judge may consider the preference of a child who has sufficient age and maturity to make an intelligent decision.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: N.J. Stat. Ann. § 2A:34-53 et seq.

A judge who is deciding a New Jersey child custody case will review a broad range of factors that pertain to the best interest of the child. The relative importance of each factor will vary in each case, but some commonly considered factors include the wishes of each parent, the relationship between each parent and the child, the relationship between the child and any siblings, the needs of the child, the quality and continuity of the child’s education, the stability of each parent’s home and the distance between them, the fitness of each parent, and any history of domestic violence. A judge may require a parent to attend the Parent’s Education Program to learn about the impact of divorce or separation on a child.

New Mexico

• Child’s preferences considered: A judge must consider the preference of a child who is 14 or older. A judge may consider the preference of a child who is younger than 14 if they have sufficient maturity to make a sound judgment.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: N.M. Stat. Ann. § 40-10A-101 et seq.

The main principle in a New Mexico child custody case is the best interest of the child. In evaluating a child’s best interest, a judge will consider factors such as the wishes of each parent, the relationship between the child and each parent, the mental and physical health of each parent and the child, and the child’s adjustment to their home, school, and community. New Mexico law presumes that joint custody is in the best interest of a child, but a judge will consider additional factors in determining whether it is appropriate. These include the ability of each parent to care for the child, the willingness of the parents to cooperate with each other, the distance between their homes, and any history of domestic abuse.

New York

• Child’s preferences considered: A judge will consider the preference of a child who has sufficient age and maturity to make an informed decision.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: N.Y. Dom. Rel. Law § 75 et seq.

A judge who is deciding a New York child custody case has the discretion to consider a broad range of factors related to the best interest of the child. Factors that a judge will consider typically include the ability of each parent to provide emotional and intellectual support for the child, the home environment provided by each parent, the fitness and mental stability of each parent, the history of where the child has lived and who has cared for the child, and the impact of a custody arrangement on the child’s relationship with any siblings. Another factor that a judge will consider is any proof of domestic violence, which may lead to significant restrictions on a parent’s rights. Siblings are generally but not always kept together.

North Carolina

• Child’s preferences considered: A judge generally may consider a child’s preference when they have reached the age of discretion, which means that they can form an intelligent and rational preference.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: N.C. Gen. Stat. § 50A-101 et seq.

In a North Carolina child custody case, a judge will review many factors related to the best interest of the child. These may include the wishes of each parent, the physical and mental fitness of each parent, the age and health of the child, the home that each parent can provide for the child, the willingness of each parent to encourage the child’s relationship with the other parent, and the child’s adjustment to their home, school, and community. A judge also will consider any history of domestic violence, which may prevent a parent from getting physical custody unless they can show that the child would be safe in their care. Adultery by a parent likely will not affect a custody decision unless it harmed the child.

North Dakota

• Child’s preferences considered: A judge may give significant weight to the preference of a child who has sufficient age and maturity, although a judge also will consider any factors that may have influenced the child’s preference.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: N.D. Cent. Code § 14-14.1-01 et seq.

The central inquiry in a North Dakota child custody action involves the best interest of the child. In evaluating a child’s best interest, a judge may consider factors such as the mental and physical health of each parent, the moral fitness of each parent, the ability of each parent to care for the child, the stability of the home environment provided by each parent, the length of time that the child has spent with each parent, the home, school, and community ties of the child, and the willingness of each parent to encourage a continuing relationship between the other parent and the child. If one parent has been a victim of domestic violence, they will not be denied custody merely because they are suffering from conditions caused by the abuse.

Ohio

• Child’s preferences considered: A judge may consider the preference of a child if they have sufficient reasoning ability to form a mature preference.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Ohio Rev. Code Ann. § 3127.01 et seq.

A judge has substantial discretion in resolving an Ohio child custody action, which requires ascertaining the best interest of the child. Some of the factors that a judge may consider include the wishes of each parent, the physical and mental health of each parent and the child, the relationship between the child and each parent, the earning capacity of each parent, the ability of each parent to provide the child with a safe and stable environment, and the child’s adjustment to their school and community. A judge also will consider a record of domestic violence by either parent. While judges usually try to keep siblings together, they will review the needs of each child independently.

Oklahoma

• Child’s preferences considered: A judge may consider a child’s preference if the child has sufficient age, intelligence, and maturity to state an informed opinion. A preference stated by a child under 12 generally will not be considered.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Okla. Stat. tit. 43, § 551-101 et seq.

The key inquiry in an Oklahoma child custody case is the best interest of the child. In general, a judge will award custody to the person or people who are most able to meet the child’s needs. A parent usually will receive custody unless the judge determines that they are unfit, which might happen if they have a history of substance abuse, domestic violence, or child abuse. Factors that a judge may consider in determining the best interest of the child often include the physical and mental health of each parent, the educational and emotional needs of the child, the willingness of each parent to encourage the child’s continuing relationship with the other parent, and the child’s adjustment to their home, school, and community.

Oregon

• Child’s preferences considered: A judge may consider the preference of a child if it reflects the child’s best interest. A preference will receive greater weight if it is mature and well-reasoned.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Or. Rev. Stat. Ann. § 109.701 et seq.

Determining an Oregon child custody case requires considering many factors related to the child’s best interest. A judge may not make a decision based on only one factor. Some of the key factors that a judge may consider include the attitude of each parent toward the child and their commitment to caring for the child, the emotional ties between the child and other family members, the willingness of each parent to encourage a continuing relationship between the child and the other parent, the caregiving history of each parent, and any record of domestic violence. A judge will presume that a parent who has abused a child should not receive custody of that child. The lifestyle of a parent will be considered only if it may harm the child.

Pennsylvania

• Child’s preferences considered: A judge may consider the preference of a child if it is well-reasoned and based on maturity and judgment.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: 23 Pa. Cons. Stat. Ann. § 5401 et seq.

A judge will review a Pennsylvania child custody action with a focus on the best interest of the child. This inquiry involves considering many factors, such as the duties performed by each parent for the child, the child’s need for stability and continuity, the ability of each parent to meet the child’s emotional needs, the willingness of each parent to cooperate with the other parent, the mental and physical condition of each parent and the child, the child’s relationship with any siblings, the geographical proximity of the parents, and any record of substance abuse. In addition, a judge will consider any history of domestic violence and aim to create a safe environment for the child and any abused parent.

Rhode Island

• Child’s preferences considered: A judge may consider the preference of a child if they have sufficient intelligence, understanding, and experience to provide a reasonable opinion.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: R.I. Gen. Laws § 15-14.1-1 et seq.

The key principle in a Rhode Island child custody case is the best interest of the child. Rhode Island judges must consider a list of factors in making these decisions, rather than making a decision based solely on one factor. Some of these factors include the wishes of each parent, the relationship between the child and each parent, the mental and physical health of the child and each parent, the moral fitness of each parent, the stability of the home provided by each parent, and the impact of a custody arrangement on the relationship between the child and any siblings or other important people in the child’s life. A judge also must account for a child’s safety if a parent has a history of domestic violence or other violent crimes.

South Carolina

• Child’s preferences considered: A judge generally will consider the preference of a child, but the weight that it receives will vary depending on the child’s age, experience, maturity, judgment, and ability to state their opinion.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: S.C. Code Ann. § 63-15-300 et seq.

A judge in a South Carolina child custody case will need to review a list of factors that relate to the best interest of the child. Among other things, these factors include the wishes of each parent, the relationships between the child and their family members, the mental and physical health of each parent and the child, the ability of each parent to understand and meet the child’s needs, the stability of the home environment that each parent provides, the commitment of each parent to encouraging the child’s continuing relationship with the other parent, and the ability of each parent to be actively involved in the child’s life. A history of domestic violence or child abuse or neglect may negatively affect a parent’s rights.

South Dakota

• Child’s preferences considered: A judge will consider the preference of a child if they are old enough to state a well-reasoned and intelligent opinion.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: S.D. Codified Laws § 26-5B-101 et seq.

In resolving a South Dakota child custody case, a judge will need to examine various factors related to the best interest of the child. These factors include the fitness of each parent as a caregiver, the history of each parent in caring for the child, any conduct by either parent that might harm the child, issues related to any siblings, and the willingness of each parent to communicate and cooperate with the other parent. A judge also may consider any other factors that may be important to determining a child’s best interest. South Dakota law favors joint custody arrangements that allow each parent to retain a significant role in the child’s life. The gender of a parent is irrelevant to a custody decision.

Tennessee

• Child’s preferences considered: A judge will consider the reasonable preference of a child who is 12 or older. The preference of a child younger than 12 may be heard on request, but it will hold less weight.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Tenn. Code Ann. § 36-6-201 et seq.

A judge reviewing a Tennessee child custody case will focus on the best interest of the child and try to allow both parents to continue participating in the child’s life. This determination requires reviewing many factors, none of which can be independently decisive. Some of the key factors that a judge may consider include the emotional bond between each parent and the child, the mental and physical health of each parent, the ability of each parent to meet the needs of the child, the care that the child has received from each parent, the importance of continuity and stability, the location of each parent’s home, and the home, school, and community record of the child. A history of domestic violence or child abuse may negatively affect a parent’s rights.

Texas

• Child’s preferences considered: A judge may consider the preference of a child if they have sufficient maturity. A child who is 12 or older, or their parent, may require the court to hear the child’s preference, but this does not mean that their preference must receive certain weight.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Tex. Fam. Code § 152.001 et seq.

The key inquiry in a Texas child custody (conservatorship) case is the best interest of the child, which may be ascertained by reviewing a long list of factors. A judge may consider factors such as the child’s current and future needs, the ability of each parent to care for the child, the stability of the home that each parent would provide, any future plans that either parent envisions for the child, any evidence of breakdowns in the parent-child relationship, and any issues related to the child’s safety. For example, a judge will investigate any history or pattern of family violence, child abuse, or child neglect by either parent. An additional list of factors must be considered if a child is less than three years old.

Utah

• Child’s preferences considered: A judge may consider the preference of a child who has sufficient cognitive ability and emotional maturity. The preference of a child who is 14 or older will receive added weight but will not be the single controlling factor.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Utah Code Ann. § 78B-13-101 et seq.

When a judge reviews a Utah child custody case, they will base their decision on the best interest of the child. Utah law provides a broad range of factors that a judge must consider in these situations, such as the relationship between the child and each parent, the physical and mental health of each parent, the child’s physical and emotional needs, the willingness of each parent to encourage a continuing relationship between the child and the other parent, the distance between the homes of the parents, and the child’s relationships with siblings and other family members. A history of domestic violence or substance abuse by either parent may have a negative impact on their rights.

Vermont

• Child’s preferences considered: A judge may give some weight to the preference of a child who is 14 or older, but this will not determine where the child lives.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Vt. Stat. Ann. tit. 15, § 1061 et seq.

A judge will focus on the best interest of the child in reviewing a Vermont child custody action. This standard consists of many factors, such as the relationship between each parent and the child, the ability of each parent to meet the child’s needs and provide a safe home for the child, the ability of each parent to communicate and cooperate with the other parent, and the child’s adjustment to their home, school, and community. A record of domestic violence may result in restrictions on a parent’s custody rights that are designed to keep the child and an abused parent safe. The sex of the child or either parent will have no impact on a custody determination, nor will the financial resources of either parent.

Virginia

• Child’s preferences considered: A judge will consider the preference of a child who has sufficient age, intelligence, understanding, and experience to state a reasonable preference.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Va. Code Ann. § 20-146.1 et seq.

In reviewing a Virginia child custody case, a judge will examine the best interest of the child. This requires considering a wide spectrum of factors, such as the child’s needs, the physical and mental health of each parent, the relationship of the child with each parent, the involvement of each parent in raising the child, the ability of each parent to cooperate with the other parent and support their relationship with the child, and any history of domestic abuse or sexual abuse. A judge usually will try to set up an arrangement that preserves the child’s relationship with each parent and maintains continuity in the child’s life. However, a court may award sole custody in some cases, especially when the child’s safety is at risk.

Washington

• Child’s preferences considered: A judge will consider the preference of a child who has sufficient maturity to make an intelligent judgment.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Wash. Rev. Code. § 26.27.011 et seq.

The key principle that a judge must consider in a Washington child custody case is the best interest of the child. Washington law has provided several factors that a judge should review when making this determination. Some of these factors include each parent’s wishes, the ability of each parent to meet the child’s needs, the relationship between the child and each parent, the work schedule of each parent, the child’s relationship with any siblings, the past involvement of each parent in the child’s life, and the child’s engagement in school and other activities. The child’s relationship with each parent is often an especially critical factor. A parent who has a history of domestic violence likely will face strict limitations on their rights.

West Virginia

• Child’s preferences considered: A judge must consider the preference of a child who is 14 or older, and a judge may consider the preference of a child younger than 14 who has sufficient maturity to state a rational, independent opinion.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: W. Va. Code § 48-20-101 et seq.

A judge reviewing a West Virginia child custody action will focus on the best interest of the child. This analysis consists of many factors, such as the relationship between the child and each parent, the relationship between the child and any siblings, the ability of each parent to financially support the child, the daily routines of each parent and the child, the geographical proximity of the homes of the parents, and the experience of each parent in meeting the child’s needs. A judge generally will aim to reduce the disruption to the child’s life and protect the relationship between each parent and the child. However, evidence of substance abuse or any threat to a child’s safety may lead a judge to curtail a parent’s access to a child.

Wisconsin

• Child’s preferences considered: A judge will consider the preference of a child who has sufficient age and maturity to express an opinion based on substantial reasons. The preference of a child who is 14 or older will receive greater weight.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Wis. Stat. § 822.01 et seq.

In deciding a Wisconsin child custody case, a judge will need to devise an arrangement that reflects the best interest of the child. Many factors play a role in this decision, such as the wishes of each parent, the relationship of the child with each parent and any siblings, the physical and mental health of each parent, the developmental and educational needs of the child, the willingness of each parent to cooperate with the other parent in raising the child, and any history of substance abuse by either parent. A history of child abuse by either parent or someone who lives with them may adversely affect that parent’s rights. A judge must not consider the sex or race of a parent in making a custody determination.

Wyoming

• Child’s preferences considered: A judge will consider the preference of a child who has sufficient age and maturity to state a reasonable opinion.
• Grandparents’ visitation rights recognized: Yes
• UCCJEA Statute: Wyo. Stat. Ann. § 20-5-201 et seq.

Resolving a Wyoming child custody action requires a judge to review a broad list of factors related to a child’s best interest. A judge also has the discretion to consider any other factor that may be relevant. Some of the listed factors include the fitness and competence of each parent, the willingness of each parent to meet the child’s needs, the distance between the homes of the parents, the history of interactions between the child and each parent, and the ability of each parent to provide child care, potentially including child care provided by other parties. A record of spousal or child abuse may undermine a parent’s effort to establish custody. A judge may award joint or sole custody with respect to physical custody, legal custody, or both.

Last reviewed October 2022