Custody Laws

Custody laws help to determine several different important factors pertaining to the care and responsibility of the children who are involved in a divorce and/or separation. Custody laws can vary by state; however, each state will take into consideration what is in the best interest of the child. Either parent can receive custody of the child. In most states, it is considered that the joint custody arrangement is in the best interest of the child, but in some cases sole custody can be awarded to one of the parents. Joint custody allows both parents to make important decisions regarding the care, upbringing, education, religion and physical and mental health of the children who are involved. Sole custody allows the custodial parent to be the sole decision maker in all aspects of the child's life and the non-custodial parent does not have a say in any important decisions that are made. Custody orders usually can be modified at a later date. Custody laws used to be gender-biased, but no longer as the father and the mother both are eligible to receive joint custody as well as sole custody of the child.

Fast Facts

  • Nearly 75% of all child custody awards are made to the mother, according to the National Center for Health Statistics.

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