Child Custody Laws by State

Why State Laws Matter

Understanding State-Specific Custody Laws

When it comes to child custody, location matters as much as the facts of your case. The state where you file determines everything from the legal standards judges use to the timeline of your case.

What Changes From State to State:

1. Legal Terminology

Different states use different terms for the same concepts:

What Most Call It	Alternative State Terms	States Using It
Custody	Standard term	Most states
Parenting Time	Replaces “visitation”	Indiana, Arizona, others
Parental Responsibilities	Replaces “custody”	Illinois, Colorado
Conservatorship	Legal custody term	Texas
Residential Time	Physical custody term	Washington
Time-Sharing	Visitation schedule	Florida

Why This Matters:

• Using wrong terminology can confuse your case
• Court forms require state-specific language
• Understanding terms helps you research laws correctly
• Attorneys and judges expect proper terminology

2. Custody Factors (What Judges Consider)

Every state follows the “best interest of the child” standard, but the specific factors judges consider vary significantly.

Number of Statutory Factors by State:

• Pennsylvania: 16 detailed statutory factors
• Michigan: 12 specific factors (most detailed)
• California: 8 explicit factors plus general best interest
• Texas: 9 factors focused on child’s needs
• New York: No specific number (general best interest)
• Florida: 20 factors (most comprehensive)

Unique State-Specific Factors:

California Emphasizes:

• Which parent is more likely to allow frequent contact with the other parent (anti-alienation)
• History of substance abuse

Texas Considers:

• Plans for the child’s future
• Stability of home environment (explicit factor)

Michigan Weighs:

• Moral fitness of parents (explicitly stated)
• Permanence of existing family unit

Florida Examines:

• Each parent’s demonstrated capacity to prioritize child’s needs over their own
• Geographic viability of parenting plan

Pennsylvania Includes:

• Proximity of residences
• Duties each parent performed for child
• Sibling relationships

3. Joint Custody Preferences

States have very different approaches to joint custody:

Strong Presumption FOR Joint Custody:

These states have legal language creating a presumption that joint custody is in the child’s best interest:

• Arizona – Joint legal custody presumed
• California – Strong preference for both parents involved
• Florida – “Shared parental responsibility” favored
• Idaho – Joint custody maximizes both parents
• Kansas – Presumption of joint legal custody
• Louisiana – Strong joint custody preference
• Mississippi – Joint custody presumed absent abuse/neglect
• Texas – Joint managing conservatorship is default
• Wisconsin – Presumption both parents should have placement

What this means for you:

• Easier to get joint custody in these states
• Burden shifts to parent arguing against joint custody
• Must prove joint custody would harm child
• Courts start from 50/50 position

Neutral Approach (No Presumption):

These states consider all factors equally without favoring joint or sole:

• New York – Pure best interest analysis
• Pennsylvania – Considers 16 factors equally
• Illinois – No preference stated
• Ohio – All arrangements considered
• Massachusetts – Depends on circumstances
• North Carolina – Case-by-case basis

What this means for you:

• More unpredictable outcomes
• Depends heavily on your specific facts
• Strong evidence needed for either arrangement
• Judge has more discretion

Consider Multiple Factors:

Some states discourage joint custody in certain circumstances:

• West Virginia – Questions joint custody with domestic violence history
• New Mexico – Examines cooperation between parents closely
• Oregon – Must show parents can cooperate

4. Child’s Preference by Age

When and how much a child’s preference matters varies dramatically:

State	Age Threshold	Legal Weight
Alabama	14+	Child can choose (subject to court approval)
Georgia	14+	Can elect parent (unless not in best interest)
Texas	12+	Must interview child; strong consideration
California	14+	Preference considered; younger if mature
Mississippi	12+	Preference considered
Tennessee	12+	Reasonable preference considered
West Virginia	14+	Can choose custodian
Illinois	Any age	Based on reasoning ability
Florida	Any age	Intelligence and maturity determine
Michigan	Reasonable preference	Based on sufficient age

Key Points:

• NO state lets child “decide” (judge always has final say)
• Younger children can express preference if mature
• Must be based on sound reasoning, not manipulation
• Interviews conducted in chambers (private, off record)
• Judge evaluates child’s maturity and understanding

5. Residency Requirements Before Filing

You can’t just file anywhere. States have specific residency requirements:

Residency Period	States
3 months	Illinois, Nevada
6 months	California, Texas, Florida, Arizona, and most other states
90 days	Arkansas, Missouri
1 year	New Jersey, Massachusetts (sometimes)
Variable	Depends on circumstances

UCCJEA – The Home State Rule:

All states follow the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which establishes:

Home State = Where child lived for 6 consecutive months immediately before filing

The home state has priority jurisdiction, which means:

• Child’s home state handles custody (even if you’ve moved)
• Prevents “forum shopping” for favorable laws
• Protects children from being moved to manipulate courts
• Previous state keeps jurisdiction for 6 months after move

Example:

• Child lived in Texas for 5 years
• Mom moves with child to California
• Mom immediately files in California
• Texas likely retains jurisdiction for 6 months
• California may decline to hear case

6. Modification Standards

Changing an existing custody order requires meeting your state’s modification standard:

Strict Standard (Harder to Modify):

California Approach:

• “Significant change of circumstances”
• Must show detriment to child if custody doesn’t change
• Higher burden if established custody is working

Best For: Stability-focused states that want to avoid constant relitigation

Moderate Standard:

Texas Approach:

• “Material and substantial change”
• Must wait 1 year generally (exceptions for danger)
• Focuses on whether circumstances meaningfully changed

Best For: Balance between flexibility and stability

More Flexible:

Florida Approach:

• “Substantial, material, and unanticipated change”
• Must show previous order is detrimental
• More case-by-case analysis

Best For: Adapting to changing family circumstances

Time Requirements:

Most states require waiting period before seeking modification:

• 1 year: Texas, Kansas, Minnesota, Washington
• 2 years: Alabama, Georgia, Pennsylvania, Kentucky
• Variable: California, Florida, New York (depends on circumstances)
• Exceptions: Immediate danger, parental agreement

7. Relocation and Move-Away Rules

Moving with your child requires navigating complex state laws:

Permission Required (Strict):

California:

• Custodial parent must give 45-day notice
• Non-custodial parent can object
• Court hearing required if objection filed
• Factors: reason for move, child’s interest, contact with other parent
• Move-away cases heavily litigated

Texas:

• Must specify geographic restriction in order
• Notice required to move outside restriction
• Court can prevent move
• Focus on maintaining relationship with both parents

Florida:

• 60-day advance notice required
• Must include 9 specific pieces of information
• Other parent has 20 days to object
• Presumption against relocation if joint custody

Notice Required (Moderate):

New York:

• Custodial parent must provide “timely notice”
• Distance matters (within state vs. out of state)
• Other parent can object
• Burden of proof depends on existing arrangement

Illinois:

• 60-day notice if more than 25 miles
• 60 days if out of state
• Factors include reason and impact on child

More Permissive:

Some states give primary custodian more freedom:

• Easier if custodial parent has sole custody
• Notice still required
• Other parent can object but harder burden

Critical Factors Courts Consider:

Across all states, judges typically examine:

✓ Reason for Move:

• Better job opportunity (favored)
• Remarriage to partner in new location (neutral)
• To be near family support (usually favored)
• To frustrate other parent’s relationship (denied)

✓ Impact on Child:

• Educational opportunities in new location
• Extracurricular activities
• Extended family relationships
• Adjustment to current environment

✓ Impact on Other Parent:

• Quality of current relationship
• Level of involvement
• Can visitation be modified to maintain relationship?
• Financial ability to travel

✓ Good Faith:

• Genuine reasons vs. alienation attempt
• Willingness to facilitate virtual contact
• Proposed revised visitation schedule
• Cooperation history

8. Domestic Violence Considerations

States handle domestic violence in custody cases differently:

Rebuttable Presumption States:

These states presume a parent with DV history should NOT have custody:

• California – Presumption against custody if DV within 5 years
• Florida – Considers impact of DV on child
• Texas – History of family violence is factor
• Arizona – DV creates presumption against joint custody

To overcome presumption, abusive parent must prove:

• Completed batterer’s treatment
• No further incidents
• Has changed behavior
• Child won’t be endangered

Enhanced Protection States:

• Supervised visitation may be required
• Batterer intervention programs mandated
• Evidence standards may be lower
• Protective orders considered

What Counts as Domestic Violence:

States define this differently but generally include:

• Physical abuse (hitting, pushing, restraining)
• Sexual abuse
• Emotional/psychological abuse (threats, intimidation)
• Economic control
• Threats to harm children
• Controlling behavior (some states)

State by State Quick Comparasion

Compare Custody Laws Across States

Filter by: 

☐ Joint Custody Preference
☐ Relocation Rules
☐ Child Preference Age
☐ Modification Standards

Complete Comparison Table:

State	Joint Custody	Child’s Voice	Residency	Modification Wait	Relocation
Alabama	Neutral	14+ can choose	6 months	2 years	Permission required
Alaska	Neutral	Mature age	6 months	2 years	Notice required
Arizona	Strongly Favored	Mature age	6 months	1 year	Permission required
Arkansas	Neutral	Mature age	60 days	Varies	Notice required
California	Strongly Favored	14+ (12+ if mature)	6 months	Varies by circumstance	Strict – permission required
Colorado	Neutral	Mature age	6 months	2 years	Notice required
Connecticut	Neutral	Mature age	6 months	Varies	Permission required
Delaware	Neutral	Mature age	6 months	2 years	Notice required
Florida	Favored	Mature age	6 months	2 years	Very strict – 60 day notice
Georgia	Neutral	14+ can elect	6 months	2 years	Permission required
Hawaii	Neutral	Mature age	6 months	Varies	Notice required
Idaho	Strongly Favored	Mature age	6 months	1 year	Permission required
Illinois	Neutral	Based on reasoning	6 months	2 years	Notice 60 days
Indiana	Neutral	14+ considered	6 months	Varies	Notice required
Iowa	Favored	Mature age	1 year	1 year	Permission required
Kansas	Strongly Favored	Mature age	6 months	1 year	Notice required
Kentucky	Neutral	Mature age	6 months	2 years	Permission required
Louisiana	Strongly Favored	Mature age	6 months	Varies	Permission required
Maine	Neutral	Mature age	6 months	Varies	Notice required
Maryland	Neutral	16+ stronger weight	6 months	Varies	Permission required
Massachusetts	Neutral	Mature age	1 year	Varies	Notice required
Michigan	Neutral	Reasonable preference	6 months	Varies	Permission required
Minnesota	Neutral	Mature age	6 months	1 year	Notice required
Mississippi	Strongly Favored	12+	6 months	Varies	Permission required
Missouri	Favored	Mature age	90 days	2 years	Notice required
Montana	Neutral	Mature age	6 months	1 year	Permission required
Nebraska	Favored	Mature age	6 months	2 years	Notice required
Nevada	Favored	Mature age	6 months	1 year	Permission required
New Hampshire	Neutral	Mature age	6 months	Varies	Permission required
New Jersey	Neutral	Mature age	1 year	2 years	Notice required
New Mexico	Favored	Mature age	6 months	1 year	Notice required
New York	Neutral	13+ unofficially	6 months-1 year	Varies	Notice required
North Carolina	Neutral	Mature age	6 months	Varies	Permission required
North Dakota	Neutral	Mature age	6 months	2 years	Notice required
Ohio	Neutral	Mature age	6 months	Varies	Permission required
Oklahoma	Neutral	12+	6 months	Varies	Notice required
Oregon	Neutral	Mature age	6 months	2 years	Permission required
Pennsylvania	Neutral	Mature age	6 months	2 years	Permission required
Rhode Island	Neutral	Mature age	1 year	Varies	Notice required
South Carolina	Neutral	14+	6 months	1 year	Permission required
South Dakota	Favored	Mature age	6 months	Varies	Notice required
Tennessee	Neutral	12+	6 months	2 years	Permission required
Texas	Strongly Favored	12+ interview required	6 months	1 year (with exceptions)	Geographic restriction common
Utah	Neutral	Mature age	3 months	Varies	Notice required
Vermont	Neutral	Mature age	6 months	2 years	Notice required
Virginia	Neutral	Mature age	6 months	Varies	Permission required
Washington	Neutral	Mature age	6 months	1 year	Notice required
West Virginia	Neutral	14+ can choose	6 months	Varies	Permission required
Wisconsin	Strongly Favored	14+	6 months	2 years	Notice required
Wyoming	Neutral	Mature age	6 months	Varies	Notice required|

Most Searched State Guide

Popular State Custody Law Pages

These states have the highest search volume for custody information. Get detailed, state-specific guidance:

1. California Child Custody Laws

Quick Overview:

• Population: 39 million
• Approach: Strong joint custody preference
• Key Feature: Frequent and continuing contact with both parents
• Search Volume: 880/month

California’s Unique Characteristics:

Strong Pro-Joint Custody: California Family Code §3080 creates a presumption that joint legal custody is in the child’s best interest. Courts must state reasons for denying joint custody.

Move-Away Cases Are Complex: California has some of the most litigated move-away cases in the country. The leading case, In re Marriage of LaMusga, established extensive factors courts must consider.

Domestic Violence Impact: Rebuttable presumption against custody if domestic violence occurred within past 5 years (Family Code §3044).

What Judges Consider:

• Child’s health, safety, and welfare (paramount)
• History of abuse
• Nature and amount of contact with both parents
• Habitual/continual substance abuse
• Which parent more likely to facilitate relationship

Average Timeline: 6-18 months contested

View Complete California Guide →

2. Texas Child Custody Laws

Quick Overview:

• Population: 29 million
• Approach: “Joint managing conservatorship” strongly preferred
• Key Feature: Standard possession order provides specific schedules
• Search Volume: 590/month

Texas’s Unique Characteristics:

Different Terminology: Texas uses “conservatorship” instead of custody:

• Managing Conservator = Legal custody (decision-making)
• Possessory Conservator = Non-custodial parent
• Possession and Access = Visitation schedule

Standard Possession Order: Texas has a detailed statutory schedule (Texas Family Code §153.312-317) that specifies:

• Weekend schedules
• Thursday evening visits
• Holiday rotation
• Summer possession
• Geographic restrictions

Geographic Restrictions: Common for orders to restrict primary residence to specific county or contiguous counties.

What Judges Consider:

• Child’s physical and emotional needs
• Physical danger to child now or in future
• Emotional danger to child
• Parenting abilities of each parent
• Plans for the child
• Stability of home environment

Average Timeline: 6-12 months contested

View Complete Texas Guide →

3. Florida Child Custody Laws

Quick Overview:

• Population: 22 million
• Approach: “Shared parental responsibility” favored
• Key Feature: Detailed 20-factor analysis
• Search Volume: 720/month

Florida’s Unique Characteristics:

Modern Terminology: Florida eliminated the term “custody” in 2008:

• Parental Responsibility = Legal custody
• Time-Sharing = Physical custody/visitation
• Must create detailed Parenting Plan

20 Statutory Factors: Florida has the most comprehensive list of factors (Florida Statutes §61.13) including:

• Demonstrated capacity of each parent
• Each parent’s willingness to facilitate relationship
• Expected division of parental responsibilities
• Geographic viability of parenting plan
• Moral fitness of parents
• Mental and physical health

No Gender Preference: Florida Statutes §61.13(2)(a) explicitly states: “The court shall determine all matters relating to parenting and time-sharing of each minor child… there is no presumption for or against the father or mother.”

Strict Relocation Rules: 60-day advance notice required with 9 specific information requirements.

Average Timeline: 6-18 months contested

View Complete Florida Guide →

4. New York Child Custody Laws

Quick Overview:

• Population: 19 million
• Approach: Neutral, pure best interest analysis
• Key Feature: Heavy emphasis on primary caregiver
• Search Volume: 590/month

New York’s Unique Characteristics:

No Presumptions: New York has no statutory preference for joint or sole custody. Each case evaluated individually.

Primary Caregiver Emphasis: Courts heavily weigh which parent has been the primary caregiver:

• Who handled daily routines?
• Who attended medical appointments?
• Who helped with homework?
• Who arranged childcare?

Quality of Home Environment: New York places significant weight on stability and quality of each parent’s home.

What Judges Consider:

• Which parent has been primary caregiver
• Quality of home environment
• Ability to provide for emotional/intellectual development
• Parental fitness
• Each parent’s ability to cooperate
• Domestic violence (serious factor)

Child’s Preference: Unofficially, age 13+ children’s preferences carry significant weight, though not determinative.

Average Timeline: 8-24 months contested (NYC can be lengthy)

View Complete New York Guide →

5. Pennsylvania Child Custody Laws

Quick Overview:

• Population: 13 million
• Approach: Detailed 16-factor analysis
• Key Feature: Most comprehensive statutory factors
• Search Volume: 480/month

Pennsylvania’s Unique Characteristics:

16 Detailed Factors: Pennsylvania law (23 Pa.C.S. §5328) lists 16 specific factors including:

• Which party is more likely to encourage frequent relationship with other
• Present and past abuse committed by party
• Parental duties performed by each party
• Need for stability and continuity
• Availability of extended family
• Child’s sibling relationships
• Well-reasoned preference of child
• Attempts by parent to turn child against other parent
• Each party’s availability to care for child
• Level of conflict between parties
• History of drug/alcohol abuse
• Mental and physical condition of each party
• Proximity of residences
• Each party’s availability for child
• Any other relevant factor

Proximity Matters: Pennsylvania explicitly considers how close parents live to each other.

Sibling Relationships: Unique factor – courts must consider keeping siblings together.

Parental Duties: Courts examine historical division of parenting duties performed by each parent.

Average Timeline: 6-18 months contested

View Complete Pennsylvania Guide →

6. Illinois Child Custody Laws

Quick Overview:

• Population: 12.6 million
• Approach: “Parental responsibilities” and “parenting time”
• Key Feature: Eliminated “custody” terminology in 2016
• Search Volume: 390/month

Illinois’s Unique Characteristics:

New Terminology (Since 2016): Illinois replaced custody terminology:

• Allocation of Parental Responsibilities = Legal custody
• Parenting Time = Physical custody/visitation
• Parenting Plan = Required detailed plan

No Preference for Joint or Sole: Illinois takes a neutral approach – no presumption either way.

Child’s Preference: No specific age; based on child’s reasoning ability and maturity.

Relocation Rules:

• 25+ miles requires notice
• Out of state requires notice
• 60 days advance notice
• Other parent can object

Average Timeline: 6-18 months contested

View Complete Illinois Guide →

7. Ohio Child Custody Laws

Quick Overview:

• Population: 11.8 million
• Approach: Best interest with detailed factors
• Key Feature: Neutral approach to custody types
• Search Volume: 320/month

Ohio’s Unique Characteristics:

Shared Parenting vs. Sole: Ohio uses “shared parenting” for joint custody arrangements.

Comprehensive Factors: Ohio Revised Code §3109.04 lists specific factors including parent’s cooperation ability.

Child’s Wishes: Court must interview child privately if requested and if child is mature enough.

Average Timeline: 6-15 months contested

View Complete Ohio Guide →

8. North Carolina Child Custody Laws

Quick Overview:

• Population: 10.5 million
• Approach: Pure best interest, no preferences
• Key Feature: Flexible, case-by-case analysis
• Search Volume: 260/month

North Carolina’s Unique Characteristics:

No Statutory Preference: North Carolina has no preference for joint or sole custody – truly case-by-case.

Domestic Violence: Significant factor; may require supervised visitation.

Child’s Preference: No specific age; depends on maturity and reasoning.

Average Timeline: 6-18 months contested

View Complete North Carolina Guide →

How To Use state Specific

Making State Laws Work for Your Case

Understanding your state’s laws is just the beginning. Here’s how to leverage this information effectively:

Step 1: Research Your State’s Specific Laws

Step 2: Evaluate Your Case Against State Factors

For each factor your state considers:

• Rate yourself honestly (strong/neutral/weak)
• Identify evidence you have for strong factors
• Plan how to improve weak factors
• Document everything

Step 3: Understand Procedural Requirements

Know your state’s:

• Residency requirements
• Filing procedures
• Required forms
• Mandatory programs (parenting classes, mediation)
• Timeline expectations

Step 4: Build Evidence Aligned with Your State

Different states emphasize different factors:

If your state emphasizes “primary caregiver”:

• Document daily care responsibilities
• Keep logs of school involvement
• Save medical appointment records
• Show consistency in caregiving

If your state favors joint custody:

• Demonstrate cooperation ability
• Show willingness to facilitate other parent’s relationship
• Prove stable environment
• Emphasize co-parenting plan

If your state weights child’s preference heavily:

• Understand at what age this applies
• Don’t coach your child
• Let natural preferences develop
• Never put child in middle

Step 5: Consult a Local Attorney

Even with research:

• Local attorneys know county-specific trends
• Judges have individual preferences
• Recent case law affects outcomes
• Professional guidance is invaluable

Common Cross State Custody

When Parents Live in Different States

Jurisdiction Challenges:

Which State Has Jurisdiction?

Under UCCJEA, priority goes to:

1. Home State: Where child lived 6 months before filing
2. Significant Connection: If no home state, where child and parent have significant connections
3. Emergency: Any state if child is present and needs protection

Example Scenarios:

Scenario 1: Recent Move

• Child lived in Texas for 5 years
• Mom moves with child to California in January
• Mom files in California in February
• Result: Texas likely has jurisdiction for 6 months

Scenario 2: Never Established Home State

• Parents never married, live in different states
• Child born in Ohio, lived there 4 months
• Mom moves to Florida with baby
• Result: Jurisdiction may be contested; needs attorney analysis

Scenario 3: Emergency

• Child in Colorado with mother
• Evidence of abuse
• Father in Texas where child’s home state is
• Result: Colorado can take emergency jurisdiction

Interstate Enforcement:

If you have a custody order from one state:

• Other states must honor and enforce it
• Cannot modify in new state unless home state or all parties agree
• Full Faith and Credit must be given

Practical Tips for Cross-State Cases:

State Law Changes To Watch

Recent and Upcoming Custody Law Updates

Federal Level:

UCCJEA Updates: Some states considering amendments to address:

• Virtual visitation technology
• Military deployment issues
• Domestic violence protections

State-Level Changes:

California:

• Enhanced DV protections (SB 654)
• Gender identity affirmation consideration (AB 957)

Texas:

• Ongoing discussions about geographic restrictions
• Proposed changes to standard possession order

Florida:

• Recent case law on time-sharing calculations
• Refinements to relocation statute

New York:

• Proposals to modernize custody terminology
• Enhanced attorney for child provisions

Illinois:

• Continuing to refine 2016 custody law changes
• Case law developing on new terminology

Stay Updated: Laws change regularly. Check your state’s legislative website or consult an attorney for most current information.

Find Local Custody Attorney

Get State-Specific Legal Help

Every state’s custody laws are different. An attorney licensed in your state who practices in your local courts can:

✓ Navigate Your State’s Specific Laws

• Knows which factors judges emphasize
• Understands local court procedures
• Familiar with county-specific rules

✓ Leverage Local Relationships

• Knows local judges’ tendencies
• Familiar with opposing attorneys
• Connected with evaluators and mediators

✓ Protect Your Rights

• Ensures compliance with state requirements
• Builds case around state’s factors
• Maximizes chances of favorable outcome

✓ Handle Complex Issues

• Interstate jurisdiction
• Relocation disputes
• Modification standards
• Emergency situations

What to Look For in a State-Specific Attorney:

✓ Licensed in Your State

• Must be admitted to state bar
• Cannot practice in state where not licensed
• Check state bar website for standing

✓ Local Court Experience

• Practices in your county
• Knows your judge
• Familiar with local clerks and procedures

✓ Custody Focus

• Specializes in family law
• Significant custody case experience
• Not general practitioner

✓ Good Communication

• Explains state laws clearly
• Responsive to questions
• Sets realistic expectations

Frequently Asked Questions