When parents separate, a court or an agreement decides who makes decisions for a child and where the child lives. Courts apply a "best interests of the child" standard.
Two kinds of custody
- Legal custody: the right to make major decisions about education, health care and religion.
- Physical custody: where the child lives day to day.
- Either can be sole, where one parent holds it, or joint, where parents share it.
What courts consider
Factors usually include each parent's ability to care for the child, the child's relationship with each parent, stability of the home, any history of abuse or neglect, the child's needs and, in many states, the wishes of an older child. Courts generally favor arrangements that keep both parents involved when it is safe.
Parenting plans
Many courts require or encourage a written parenting plan covering schedules, holidays, transportation, communication and how disputes are resolved. Parents who agree on a plan often have it approved by the court, which is faster and less costly than a contested hearing.
Changing an order and moving
Orders can usually be modified if circumstances change substantially, and the court again looks at the child's best interests. Moving with a child may require notice or permission. Where more than one state is involved, a uniform law generally gives the child's "home state," usually where the child lived for the previous six months, authority to decide custody.
Frequently asked questions
Do mothers automatically get custody?
No. Modern law is gender neutral and focuses on the child's best interests.
Can a child choose which parent to live with?
A child's preference may be considered, especially for older children, but it is not decisive.