Custody Cases

Custody cases involve disputes over which parent will have primary responsibility for the care of a minor child and where the child will live (physical custody). This may also include the ability to make most day-to-day decisions about the child's care and welfare (legal custody). Judges are more likely to award joint custody in cases where the parents are not continually fighting. Taking a case to court is usually an indication that a child's parents are unable to work things out between themselves. While physical custody is rarely disputed (most parents agree on this matter without involving the courts), when a case does go to trial the family court system usually awards sole custody to the mother. However, the outcome is dependent on many factors that cannot be foreseen by someone who is not familiar with the law. Custody cases involving foreign jurisdictions and those involving surrogate mothers and adoptive parents are especially complex. So are those that involve gay or transgendered parents.

Fast Facts

  • Over 50% of custodial parents work full time.
  • In 2006, 38% of custodial mothers were 40 years of age or older.
  • Less than 5% of children are under the custody of relatives other than their parents.

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