Child Custody Law
There are two main categories for child custody, legal and physical, which are then also assigned as either sole or joint. Legal custody deals more with the rights and responsibilities of a parent as opposed to where the child resides. It allocates who can make decisions about major issues in the child’s life, such as education, medical and healthcare decisions and the child’s overall welfare. An award of joint legal custody makes it necessary for the responsible parties to communicate and work with one another to share in these decisions. Physical custody addresses where the child will reside and for how long, and who will have the day to day responsibility and right to make necessary decisions regarding the child’s daily activities and wellbeing. When joint physical custody is awarded, the child will spend time residing with both parents and/or guardians. This does not mean that the time must be divided equally; rather it might be an arrangement explicitly spelled out by the parties or based on stated guidelines and shared payment of costs for raising the child.
All states have adopted the policy that child custody arrangements and awards must be based upon the best interest of the child. Although the factors considered for determining this may vary from state to state. When the parents/guardians can get along and agree to it, the court may award joint physical and/or joint legal custody. Generally, when one parent/guardian is granted sole physical custody, the other parent/guardian will be awarded visitation, which includes weekends, some holidays and vacation time and other occasions, as applicable. Courts reserve the right to modify custody arrangements when the circumstances call for it.
For more information about individual child custody laws, procedures and related topics for U.S. states, please visit our U.S. Divorce Law Center. Visit Us at Google+ Copyright HG.org
Child Custody Law - US
- ABA - Center on Children and the Law
The ABA Center on Children and the Law, a program of the Young Lawyers Division, aims to improve children's lives through advances in law, justice, knowledge, practice and public policy. Our areas of expertise include child abuse and neglect, child welfare and protective services system enhancement, foster care, family preservation, termination of parental rights, parental substance abuse, adolescent health, and domestic violence.
- ABA - Custody Committee
The Custody Committee studies and strives for improvements in the law relating to child custody and visitation, such as development of a model joint custody statute, standards for relocating children and rights of stepparents and unwed parents.
- Administration for Children and Families (ACF)
The Administration for Children and Families (ACF) is a federal agency funding state, territory, local, and tribal organizations to provide family assistance (welfare), child support, child care, Head Start, child welfare, and other programs relating to children and families.
- Child Custody - Definition
Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.
- Child Custody - Overview
In cases of divorce, the court of jurisdiction for the divorce proceedings also determines child custody arrangements. Under the common statutory provision, if the spouses have children together while married, the parents have joint guardianship over that child and the parental rights are equal. Each parent has an equal right to the custody of the child when they separate.
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
Full text of the UCCJEA, which limits child custody jurisdiction to one state, avoiding competing orders, and provides enforcement provisions for child custody orders.
Organizations Related to Child Custody Law
- Alliance for Non-Custodial Parents Rights
If you have family law challenges, our ANCPR Family Law Winning Strategies Handbook is designed to enable noncustodial parents to assert their parental rights by becoming experts in how the system works, and how best to use it to their advantage.
- American Coalition for Fathers and Children
ACFC is lead by individuals with extensive and varied depth of experience. Each brings a wealth of practical knowlege and dedication to Shared Parenting and Family Law Reform. There are a number of noteworthy women involved with ACFC who believe, as most Americans do, that family law reform is not a male or female issue - it is simply a matter of recognizing that the best interest of children, and society, is served when we implement laws and policies acknowledging "Children Need Both Parents."
- Child Custody Coach
Welcome to the ChildCustodyCoach.com, which represents the business Child Custody Coach™ on the web. Known nationally as The Custody Coach™ and as the founder of Child Custody Coach in Orange County, California and website ChildCustodyCoach.com, my goal is to provide informational, educational, and coaching services that can help empower parents who are dealing with divorce and child custody issues or are undergoing a 730 Custody Evaluation.
- Children’s Rights Council (CRC)
The Children’s Rights Council (CRC) was incorporated in 1985 to ensure that children have continuing meaningful interactions with both of their parents regardless of their parents’ marital status.
- Equal Parenting Party
We, the members of the Equal Parenting Party, dedicate ourselves to ensuring the rights of all family members (parents, children and relatives) are properly supported and represented in courts, society and everyday life.
- National Association of Counsel for Children
The National Association of Counsel for Children’s mission is to improve the lives of children and families by ensuring that these proceedings produce justice. Specifically, our mission is to: * Strengthen the Delivery of Legal Services for Children * Enhance the Quality of Legal Services Affecting Children * Improve Courts and Agencies Serving Children * Advance the Rights and Interests of Children
Publications Related to Child Custody Law
- Divorce Magazine
Divorce Magazine is the Internet's leading divorce and separation resource site, providing information and advice about divorce law, divorce lawyers, family law, children and divorce, and other divorce-related issues as well as information on divorce professionals such as family lawyers and online divorce.
- NCSC - Marriage, Divorce, Custody, and Support Resource Guide
NCSC is the organization courts turn to for authoritative knowledge and information, because its efforts are directed by collaborative work with the Conference of Chief Justices, the Conference of State Court Administrators, and other associations of judicial leaders.
- Noncustodial Parent Information
Noncustodial parents often have specific questions about child support. This information is provided to help noncustodial parents understand what happens when one or both parents seek child support services. The links below provide the information most often requested by noncustodial parents:
Articles on HG.org Related to Child Custody Law
- What Children's "Best Interests" Really Mean?For adults engaged in difficult divorce and custody battles, it can be all too easy to forget the significant, long-lasting impact that these types of proceedings can have on those most sensitive to the fallout, children. Unfortunately, the setup of the court system promotes a competitive approach to determining custody in that one party is the so-called winner (the “primary” custodian) and one party is the so-called loser (the “partial” custodian) in most cases. Children do not see it that way.
- Gaining SupportOut of all the domestic issues that can arise, payment or receipt of child and/or spousal support is one of the most common. Both types of support are governed by the Pennsylvania Support Guidelines which establish a rubric for calculating the amount of the obligation. While the guidelines are fairly straightforward, determining the payor’s support obligation can be challenging, depending on the particular circumstances. Below are some of the issues that can arise:
- What Things to Consider for a Family Law AttorneyIf you need the help of a family law attorney, you must consider some important things in this regard. These things include accessing a right lawyer, way of executing of the lawyer, if you are getting all the relevant information and aspects regarding your case and firm professional ethics etc. After considering all these points, you can definitely find the best family law attorney that will sort out your concern in highly effective way.
- Virtual Visitation Now an Option for Divorced Illinois ParentsAn estimated 18 million children throughout the United States have parents who are divorced or separated, and another 17 million children have parents who have never been married.
- 4 Major Issues to Discuss with Your PA Divorce LawyerThose about to begin the Pennsylvania divorce process often find themselves overwhelmed and emotionally exhausted. For many, meeting with a divorce lawyer can seem like a daunting task, especially if you don’t know where to begin. Below, I’ve listed 4 common major issues that you should discuss with your divorce lawyer.
- Grandparents and Childcare – VisitationIn practice, Kentucky courts give slightly weaker emphasis to the law which appears to grant visitation rights to grandparents. Grandparents who are primary care providers for their grandchildren are given equal consideration under the law by the courts when the court determines custody issues.
- Law Would Expand Child Custody Rights for Military ParentsCongress will soon be considering a bill aimed at better protecting the child custody rights of military parents. The proposed new law, called the Service member Family Protection Act, would prevent family court judges from basing child custody decisions solely on service members’ past or future deployments. The bill seeks to amend the Service members Civil Relief Act to provide for the protection of child custody arrangements for parents who are members of the Armed Forces.
- Protecting Your Rights Through a Prenuptial AgreementPrenuptial agreements are written agreements that delineate each party’s rights and obligations in the event of a divorce. A prenuptial agreement is signed before the wedding and the agreement goes into force once the couple weds. The typical agreement addresses issues such as property division, distribution of marital assets and property, spousal support, the making of a will or trust, life insurance and other relevant rights or obligations in the event of divorce or death.
- Divorce: Contested v. UncontestedIf you and your spouse are considering filing for a divorce, there are probably numerous questions going through your mind. Not only will you have to decide if divorce is the best option for you, but you will have to determine which type of divorce to pursue.
- Grandparent Visitation: Givens v. DarstWhen the child was only four months old, his mother was murdered by a man she had previously dated. Less than two weeks after the murder, Givens filed a petition seeking to become the child’s “sole legal and sole physical” custodian. At the time of filing, Darst was presumed to be the father; however, Givens did not notify him about her petition.
- All Family Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Family Law including: adoption, alimony, child support and custody, child visitation, collaborative law, divorce, domestic violence, elder law, juvenile crime, juvenile law, juvenile probation, paternity, pre-nuptial agreement, separation.

