Custody Factors
A court makes custody decisions on the basis of the best interests of the child. To determine this question, courts generally look at several different factors, such as the following:
- A parent’s financial and physical ability to provide a child with essentials like food, medical care, shelter, and clothing
- A parent’s medical history, both physical and mental
- The child’s age, sex, and medical history, both physical and mental
- A parent’s vocation and habits, including things like excessive drinking or smoking
- The child’s choice if the child is of a certain age, normally 12 years old
- The emotional bond between child and parent
- The wishes of both parents
- The willingness of each parent to support the child’s relationship with the other parent
- The level of adjustment needed from the child is forced to move to a new school, city, or state
- The quality of life the child enjoys in the child’s current status quo
- Whether any parent has brought false or malicious charges of child abuse on the other parent
- Look closely at which parent is most likely to provide the child with a stable household. This can vary depending on the child’s age.
Custody may go to the primary caregiver in the presence of minor children while older children may prompt custody awards to the parent better situated to provide the child with access to education, friends, and social development.
Related to: Child Custody FAQs in California
Variations By State
Courts make different decisions based on the statutes and precedents of their state.
| States | |
| Alabama: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
| Alaska: | The best interests of the child are determined based on numerous factors, including the emotional needs of the child, the relationship between the child and each parent, and the wishes of the child. |
| Arizona: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
| Arkansas: | In determining the “best interests of the child,” the judge considers numerous factors including each parent’s home environment, the work schedules of the parents, and the child’s preference. |
| California: | A parenting plan will be drawn up which dictates the details of custody and should be agreeable to both parents and in the child’s best interests. |
| Colorado: | Varies based on the circumstances of the case and since 1999, has been referred to as “parental responsibilities.” |
| Connecticut: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
| Delaware: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
| District of Columbia: | Courts will normally presume that joint custody is in the best interests of the child. However, this presumption can be challenged in custody proceedings given substantial evidence. |
| Florida: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
| Georgia: | Children age 14 and older may choose which parent to live with, to which the judge may agree or overrule based on the child’s best interests. |
| Hawaii: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
| Idaho: | Determine child custody based on the “best interests of the child.” |
| Illinois: | Children age 14 and older may choose which parent to live with, to which the judge may agree or overrule based on the child’s best interests. |
| Indiana: | Children age 11 may inform the judge of their custody preference. Consider any factor relevant to a child’s best interests including the child’s relationship with any siblings, and the need for consistency and continuity in education and community. |
| Iowa: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
| Kansas: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
| Kentucky: | Determine child custody based on the “best interests of the child” including the child’s wishes, the emotional bonds between the child and both parents, and how hard a time the child would have adjusting to a new neighborhood or school. |
| Louisiana: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
| Maine: | Courts usually lean towards granting joint custody to both parents on the basis that moms and dads are the “joint natural guardians” of their children. |
| Maryland: | A child 16 or older may petition for a change of custody. |
| Massachusetts: | Courts do not generally consider the wishes of the child in custody matters. |
| Michigan: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
| Minnesota: | If the court decides the child is mature enough to do so, the judge may interview the child in chambers to determine their preference for a custodial parent. |
| Mississippi: | Courts do not officially consider the wishes of the child in custody matters. |
| Missouri: | The court determines custody based on the best interests of the child. Custody can be joint legal, joint physical, sole legal, sole physical, or any combination. |
| Montana: | Child custody and visitation is called “parenting” which is decided by a judge unless both parents can agree on a plan that meets the court’s approval. |
| Nebraska: | As long as the parent does not object and if the court finds a good reason to allow the move, the custodial parent may relocate out of state with their children. |
| Nevada: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
| New Hampshire: | Courts consider a wide range of factors when making custody determinations, including the wishes of the child. |
| New Jersey: | If the parents are seeking joint custody, the court will examine their ability to agree, communicate, and cooperate concerning the child. |
| New Mexico: | A child can state a preference as to which parent they would rather live with at any age and at age 14, the child’s wishes carry more weight. |
| New York: | In determining the “best interests of the child,” the judge considers numerous factors including each parent’s ability to care for the child, the parent’s work schedules, and the parent’s ability to cooperate. |
| North Carolina: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
| North Dakota: | Courts assume that a relationship with both parents is in the child’s best interests. |
| Ohio: | In determining the “best interests of the child,” the judge considers numerous factors including the parents’ willingness to cooperate and the physical proximity of their homes to one another. |
| Oklahoma: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
| Oregon: | The Courts do not generally consider the wishes of the child in custody matters. |
| Pennsylvania: | The Court will issue its order to settle the matter upon the parents’ failure to present a suitable parenting agreement for the court’s approval. |
| Rhode Island: | When determining custody, a “mature” child’s preference will be taken into account. |
| South Carolina: | Significantly modified in 2012 states that a parenting plan will be drawn up which dictates the details of custody |
| South Dakota: | Courts promote joint custody between parents and consider the preference of children old enough to make their own decision. |
| Tennessee: | Courts make their decision based on the child’s best interests and must clearly state, in writing, why their custody decision is in the child’s best interests. |
| Texas: | Parents may choose to file a proposed parenting plan with the court but if they fail to or do not meet the standards of the court, then a judge will decide on the arrangements. |
| Utah: | In determining the “best interests of the child,” the judge considers numerous factors including the parents’ demonstrated moral standards and the bonding between each parent and the child. |
| Vermont: | Child custody is referred to by the court as “parental rights and responsibilities.” The terms of a parenting agreement will be decided by the judge unless both parents can agree on a plan that meets the judge’s approval. |
| Virginia: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
| Washington: | A child custody law does not use the terms “custody” and “visitation” but rather, a parenting plan which includes where the children will live and with which parent, how the parents will make decisions regarding the children, and how future disputes between the parents will be resolved. |
| West Virginia: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
| Wisconsin: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
| Wyoming: | Joint custody is an available option. However, courts will consider the wishes of the child in custody matters. |
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