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Alabama Child Custody State Law
Code of Alabama Title 30. “C.A” C.A Sec. 30-3-1. Upon granting a divorce, the court may give the custody and education of the children of the marriage to either father or mother, as may seem right and proper, having regard to the moral character and prudence of the parents and the age and sex of the children. In granting custody, the court will consider the children’s safety and well-being.
Alaska Child Custody State Law
Alaska Statutes, Title 25. “A.5.” AS. Sec. 25.24.150. In an action for divorce or for legal separation, the court may make, modify, or vacate an order for the custody of or visitation with the minor child that may seem necessary or proper, including an order that provides for visitation by a grandparent or other person if that is in the best interests of the child. In awarding custody the court may consider only those facts that directly affect the well-being of the child. In determining the best interests of the child, the court shall consider: (1) the physical, emotional, mental, religious, and social needs of the child; (2) the capability and desire of each parent to meet these needs; (3) the child’s preference if the child is of sufficient age and capacity to form a preference; (4) the love and affection existing between the child and each parent; (5) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (6) the desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent; (7) any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents; (8) any evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child; and (9) any other factors that the court considers pertinent.
Arizona Child Custody State Law
Arizona Revised Statutes Annotated. “A.R.S.” A.R.S. See. 25-403. The court shall determine joint or sole custody, either originally or upon petition for modification, in accordance with the best interests of the child. Joint custody is permitted if both parents agree and submit a written parenting plan and the court finds such an agreement is in the best interests of the child. The parenting plan must include: each parent’s rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training; a schedule of the physical residence of the child, including holidays and school vacations; a procedure by which disputes may be mediated or resolved; periodic review of the plan by the parents; and a statement that the parties understand that joint custody does not necessarily mean equal parenting time. The court may order joint legal custody without ordering joint physical custody. The court must consider all relevant factors, including: (1) the wishes of the child’s parent or parents as to custody; (2) the wishes of the child as to the custodian; (3) the interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest; (4) the child’s adjustment to home, school and community; (5) the mental and physical health of all individuals involved; (6) which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent; (7) which parent has provided primary care of the child; (8) the nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody; and (9) whether a parent has complied with Chapter 3, Article 5 (the domestic relations education section). There is a rebuttable presumption that domestic violence or drug abuse will be considered as contrary to the best interests of the child. A.R.S. Sees. 25-401 to 25-414. No motion to modify a custody order may be made earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child’s present environment may seriously endanger the child’s physical, mental, moral or emotional health (such as evidence of domestic violence, spousal or child abuse) Six months after a joint custody order is entered, a parent may petition the court for modification of the order based on the failure of the other parent to comply with the provisions of the order.
California Child Custody State Law
West’s Annotated California Codes, Family Code. Fam. Code Sec. 3020. The health, safety, and welfare of children will be the primary concern in determining the best interest of children in any orders regarding the custody or visitation of children. Unless the contact would not be in the best interest of the child (e.g., child abuse or domestic violence), children should have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship. Factors include: (1) child’s preference (if child is old enough); and (2) desire and ability of each parent to allow a relationship with other parent. Domestic violence is presumed to be contrary to the best interests of a child. Fam. Code Secs. 3040-3044. Colorado Child Custody State Law C.R.S.A. See. 14-10-124(1.5).
Both parties may submit a parenting plan or plans for the court’s approval that address both parenting time and the allocation of decision-making responsibilities. If no patenting plan is submitted or if the court does not approve it, the court can formulate its own parenting plan. Parental responsibilities will be determined in accordance with the best interests of the child giving paramount consideration to the physical, mental, and emotional conditions and needs of the child as follows: (1) the wishes of the child’s parents as to parenting time; (2) the wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule; (3) the interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s best interests; (4) the child’s adjustment to his or her home, school, and community; (5) the mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time; (G) the ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; (7) whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support; (8) the physical proximity of the parties to each other as this relates to the practical considerations of parenting time; (9) whether there is credible evidence that one of the parties has been a perpetrator of child abuse or neglect or spouse abuse; and (10) the ability of each party to place the needs of the child ahead of his or her own needs.
Connecticut Child Custody State Law
Connecticut General Statutes Annotated, Title 4Gb, Section 4Gb-5G (C.G.S.A. Sec. 4Gb-5G). C.G.S.A. Sec. 4Gb-5G. The court may assign the custody of any child to the parents jointly, to either parent or to a third party, according to its best judgment upon the facts of the case and subject to such conditions and limitations as it deems equitable. The court may also make any order granting the right of visitation of any child to a third party (e.g., grandparents). In making or modifying any order with respect to custody or visitation, the court shall be guided by the best interests of the child, giving consideration to the wishes of the child if the child is of sufficient age and capable of forming an intelligent preference. In making the initial order the court may take into consideration the causes for dissolution of the marriage or legal separation if such causes are relevant in a determination of the best interests of the child and consider whether the party satisfactorily completed participation in a parenting education program. A parent not granted custody of a minor child shall not be denied the right of access to the academic, medical, hospital or other health records of such minor child unless otherwise ordered by the court for good cause shown.
Delaware Child Custody State Law
Delaware Code Annotated, Title 13, Section 722 (13 D.C.A. See. 722). 13 D.C.A. Sec. 722. The court must determine the legal custody and residential arrangements for a child in accordance with the best interests of the child, including: (1) the wishes of the child’s parent or parents as to his or her custody and residential arrangements; (2) the wishes of the child as to his or her custodian(s) and residential arrangements; (3) the interaction and interrelationship of the child -with his or her parents, grandparents, siblings, persons cohabiting in the relationship of husband and wife with a parent of the child, any other residents of the household or persons who may s:significantly affect the child’s best interests; (4) the child’s adjustment to his or her home, school and community; (5) the mental and physical health of all individuals involved; (6) past and present compliance by both parents with their rights and responsibilities to their child; and (7) any evidence of domestic violence.
District of Columbia Child Custody State Law
District of Columbia Code, Tide 16, Section 16-911 (D.C.C. See. 16-911). D.C.C. Sec. 16-911 (a)(5). A court may award joint or sole custody according to the best interest of the child. Joint custody is presumed co be in the best interest of the child or children, unless abuse or neglect is present or where parental kidnapping has occurred. In determining the best interest of the child, the court shall consider all relevant factors, including: (1) the wishes of the child as to his or her custodian, where practicable; (2) the wishes of the child’s parent or parents as to the child’s custody; (3) the interaction and interrelationship of the child with his or her parent or parents, his or her siblings, and any other person who may emotionally or psychologically affect the child’s best interest; (4) the child’s adjustment to his or her home, school, and community; (5) the mental and physical health of all individuals involved; (6) the capacity of the parents to communicate and reach shared decisions affecting the child’s welfare; (7) the willingness of the parents to share custody; the prior involvement of each parent in the child’s life; (8) the potential disruption of the child’s social and school life; (9) the geographical proximity of the parental homes as this relates to the practical considerations of the child’s or children’s residential schedule; (10) the demands of parental employment; (11) the age and number of children; (12) the sincerity of each parent’s request; and (13) the parent’s ability to financially support a custody arrangement. Parties may agree to custody unless clear and convincing evidence indicates that such arrangement is not in the best interest of the minor child or children. Parenting plans can include: the residence of the child or children; the financial support based on the needs of the child or children and the actual resources of the parent; visitation; holidays, birthdays, and vacation visitation; transportation of the child or children between the residences; education; religious training, if any; access to the child’s or children’s educational, medical, psychiatric, and dental care records; except in emergencies, the responsibility for medical, psychiatric, and dental treatment decisions; communication between the child and the parents; and resolving conflict such as a recognized family counseling or mediation service before application to the court to resolve a conflict.
Florida Child Custody State
Law Florida Statutes, Chapter 61, Section 61-13 (ES. See. 61-13). ES. See. 61-13(a)(b). Custody is determined in accordance with the best interests of the child to encourage frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing unless the court finds that shared parental responsibility would be detrimental to the child (such as conviction of certain felonies, domestic violence) in which case it may order sole parental responsibility and make arrangements for visitation as will best protect the child or abused spouse from further harm. For shared parental responsibility, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child’s welfare or may divide those responsibilities between the parties based on the best interests of the child. Areas of responsibility may include primary residence, education, medical, and dental care, and any other responsibilities that the court finds unique to a particular family. The best interests of the child shall include an evaluation of all factors affecting the welfare and interests of the child, including, but not limited to: (1) the parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent; (2) the love, affection, and other emotional ties existing between the parents and the child; (3) the capacity and disposition of the parents to provide the child with food, clothing, medical care, or other remedial care recognized and permitted under the laws of Florida in lieu of medical care, and other material needs; (4) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (5) the permanence, asa family unit, of the existing or proposed custodial home; (6) the moral fitness of the parents; (7) the mental and physical health of the parents; (8) the home, school, and community record of the child; (9) the reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference; (10) the willingness and ability of each parent to facilitate and encourage close and continuing parent-child relationship between the child and the other parent; (11) evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding; (12) evidence of domestic violence or child abuse; and (13) any other fact considered by the court to be relevant.
Georgia Child Custody State Law
Official Code of Georgia Annotated, Title 19, Chapter 9, Section 1 (C.G.A. Sec. 19-9-1). In divorce or custody cases, parents who are not in default may be awarded custody, but in domestic violence cases, the court will look into all the circumstances of the parties, including improvement of the health of a party seeking a change in custody provisions, and, after hearing both parties, may place the children, if necessary, in possession of guardians appointed by the judge of the probate court. Children 14 and over have the controlling right to select the parent with whom he or she desires to live unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. The court may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of 14 years where the judge hearing the case determines such a temporary order is appropriate.
Hawaii Child Custody State Law
Hawaii Revised Statutes, Title 571, Section 571-46 (H.R.S. See. 571-46). In cases for divorce, separation, annulment, separate maintenance, or a custody proceeding courts may make an order for the custody of the minor child as may seem necessary or proper. In awarding custody, the court shall be guided by the following standards, considerations, and procedures: custody should be awarded to either parent or to both parents (or to third persons) according to the best interests of the child; if a child is of sufficient age and capacity to reason, so as to form an intelligent preference, the child’s wishes as to custody shall be considered and be given due weight by the court. Reasonable visitation rights shall be awarded to parents, grandparents, and any person interested in the welfare of the child in the discretion of the court, unless it is shown that rights of visitation are detrimental to the best interests of the child. There is a presumption that it is not in the best interest of the child to be placed in the custody of a perpetrator of family violence. In such cases, a court may prohibit overnight visitation or order that visitation be supervised at the expense of the perpetrator parent or the exchange of a child occur in a protected setting; order the perpetrator of family violence to attend and complete intervention or counseling programs or abstain from alcohol or controlled substances during the visitation periods; pay a fee to defray the costs of supervised visitation or require a bond be posted as security for the return and safety of the child. A custody award shall be subject to modification or change whenever the best interests of the child require or justifY the modification or change.
Idaho Child Custody State Law
Idaho Code, Title 32, Section 717 (r.c. Sec. 32-717). In an action for divorce the court may, before and after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper in the best interests of the children. The court shall consider all relevant factors which may include: the wishes of the child’s parent or parents as to his or her custody; the wishes of the child as to his or her custodian; the interaction and interrelationship of the child with his or her parent or parents, and his or her siblings; the child’s adjustment to his or her home, school, and community; the mental and physical health and integrity of all individuals involved; the need to promote continuity and stability in the life of the child; and whether or not domestic violence occurred in the presence of the child. In any case where the child is actually residing with a grandparent in a stable relationship, the court may recognize the grandparent as having the same standing as a parent for evaluating what custody arrangements are in the best interests of the child.
Illinois Child Custody State Law West’s Illinois Compiled Statutes Annotated, Chapter 750, Article 5, Section 602. In a proceeding for dissolution of marriage, legal separation, declaration of invalidity of marriage, a proceeding for child support following dissolution of the marriage the court shall consider the best interests of the child, including: the wishes of the child and parents as to custody; the interaction and interrelationship of child with parents and siblings; the child’s adjustment to home,school and community; the mental and physical health of all parties; domestic violence; willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and child. Only that conduct which affects the parent’s relationship to the child will be considered. Joint custody may be ordered pursuant to a joint parenting agreement or upon order of court if it is in the best interests of the child. A joint parenting agreement will specify each parent’s powers, rights and responsibilities for the child’s personal care, and for major decisions such as education, health care and religion. The agreement must also provide a method for resolving disputes and provide for periodic review. If sole custody is ordered, the other parent is entitled to reasonable visitation absent the presence of a serious risk of harm to the child. Unless by agreement, requests for modification may be made no earlier than 2 years after the last order unless there is evidence of a serious risk of endangerment or changed circumstances.
Indiana Child Custody State Law
Burns Indiana Code Annotated, Title 31, Article 17, Chapter 2, Section 8 (Burns Ind. Code Ann.Sec. 31-17-2-8). The court shall enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including: the age and sex of the child; the wishes of the child’s parent or parents; the wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age; the interaction and interrelationship of the child with: the child’s parent or parents; the child’s sibling; and any other person who may significantly affect the child’s best interests; the child’s adjustment to the child’s home, school and community; the mental and physical health of all individuals involved; evidence of a pattern of domestic violence by either parent. A court may also award custody to a nonparent caretaker, called a de facto custodian, upon consideration of additional best interest factors. Iowa Child Custody State Law Iowa Code Annotated, Section 598.41 (I.CA. See. 598.41). The court, insofar as is reasonable and in the best interest of the child, shall order custody, including liberal visitation rights where appropriate, which will assure the child the opportunity for the maximum continuing physical and emotional contact with both parents after the parents have separated or dissolved the marriage. Joint legal custody is preferred, and the parties may agree as to custody. Joint legal custody does not require joint physical care, but permits equal participation in decisions affecting the child’s legal status, medical care, education, extracurricular activities, and religious instruction. A court can also grant joint legal custody on the request of a single parent, however in such cases a court may require the parties to participate in custody mediation to determine whether joint custody is in the best interest of the child. The presence of domestic violence results in a presumption against custody.
Kansas Child Custody State Law
Kansas Statutes Annotated, Section 60-1610 (K.S.A. Sec. 60-1610). By law, joint custody is preferred, although equal residency time is not necessary. A court can also order sole custody, divided custody or custody in a relative or third person based on certain factors. A written custody or residency agreement is presumed to be in the best interests of the child, but a court may order differently upon specific findings of fact that the agreement is not in the best interests of the child. The court shall consider: the length of time that the child has been under the actual care and control of any person other than a parent and the circumstances relating thereto; the desires of the child’s parents as to custody or residency; the desires of the child as to the child’s custody or residency; the interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child’s best interests; the child’s adjustment to the child’s home, school and community; the willingness and ability of each parent to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between the child and the other parent; and evidence of spousal abuse. To seek a change in an order within three years of the date of the last order, a material change in circumstances must be shown. This is not required if more than three years has passed since the date of the last order.
Kentucky Child Custody State
Law Kentucky Revised Statutes, Chapter 403, Section 270 (KR.S. Sec. 403.270). Custody, including joint custody, is ordered in accordance with the best interests of the child and equal consideration shall be given to each parent and to any primary caregiver as defined by the statute. The court shall consider all relevant factors including: the wishes of the child, parents and caregiver; the interaction and interrelationship of the child with his parents, siblings, and any other person who may significantly affect the child’s best interests; the child’s adjustment to his home, school, and community; the mental and physical health of all individuals involved; evidence of domestic violence; the extent to which the child has been cared for, nurtured, and supported by any primary caregiver; the circumstances under which the child was placed or allowed to remain in the custody of such person. For nonmarried parents, see KRS See. 405.020. The court shall not consider conduct of a proposed custodian that does not affect his relationship to the child. If domestic violence and abuse is alleged, the court shall determine the extent to which the domestic violence and abuse has affected the child and the child’s relationship to both parents.
Louisiana Child Custody State Law West’s Louisiana Statutes Annotated Civil Code, Article 131. La.Civil Code Ann., Art. 131, 132, and 134. The best interest of the child is of paramount consideration and joint custody is preferred. Custody will be based on the following factors: (1) the child’s love, affection and emotional ties with each parent; (2) capacity and disposition of the parties to give love, affection, guidance, education, and religious guidance; (3) capacity and disposition of the parties to give the child food, clothing, medical care, etc., (4) length of time the child has been in a stable, satisfactory environment, and the desirability for continuity; (5) permanence as a family unit of the existing or proposed home; (6) moral fitness of the parties; (7) mental and physical health of the parties; (8) home, school and community record of the child; (9) preference of the child, if old enough; (10) willingness of each party to facilitate a relationship between the child and the other spouse; (11) distance between parties residences; and (12) history of care and responsibility for child by each party. Maine Child Custody State Law Title 19-A, Maine Revised Statutes Annotated, Section 1653 (19-A M.R.S.A. See. 1653). Encouraging mediated resolutions of disputes between parents is in the best interest of minor children. An agreement for shared parental rights and responsibilities will be granted unless there is substantial evidence that it should not be ordered. The court may award reasonable rights of contact with a child to a third person. The order must include: allocated parental rights and responsibilities, shared parental rights and responsibilities (and shared or primary residential care) or sole parental rights and responsibilities, according to the best intetest of the child. Consideration of the best interest of the child includes: the age of the child; the relationship of the child with the child’s parents and any other persons who may significantly affect the child’s welfare; the preference of the child, if old enough to express a meaningful preference; the duration and adequacy of the child’s current living arrangements and the desirability of maintaining continuity; the stability of any proposed living arrangements for the child; the. motivation of the parties involved and their capacities to give the child love, affection and guidance; the child’s adjustment to the child’s present home, school and community; the capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access; the capacity of each parent to cooperate or to learn to cooperate in child care; methods for assisting parental cooperation and resolving disputes and each parent’s willingness to use those methods; the effect on the child if one parent has sole authority over the child’s upbringing; the existence of domestic abuse between the parents, in the past or currently, and how that abuse affects: the child emotionally and the safety of the child; the existence of any history of child abuse by a parent; all other factors having a reasonable bearing on the physical and psychological well-being of the child. Special conditions will be applied in cases of domestic violence.
Maryland Child Custody State Law
Annotated Code of Maryland, Family Code, Section 5 (ACM., Family Code Sec. 5). A court may order joint or sole custody. The parents of a minor child are both responsible for the child’s support, care, nurture, welfare, and education and have the same powers and duties in relation to the child. If one or both parents of a minor child is an unemancipated minor, the parents of that minor parent are also responsible for any child support for a grandchild that is a recipient of temporary cash assistance to the extent that the minor parent has insufficient financial resources to fulfill the child support responsibility of the minor parent.
Massachusetts Child Custody State Law
Annotated Laws of Massachusetts, Chapter 208, Section 31 (AL.M., Ch. 208, Sec. 31). In a custody case, the rights of the parents shall, in the absence of misconduct, be held to be equal, and the happiness and welfare of the children shall determine their custody. When considering the happiness and welfare of the child, the court shall consider whether or not the child’s present or past living conditions adversely affect his physical, mental, moral or emotional health. During the pendency of a custody case, absent emergency conditions, abuse or neglect, the parents shall have temporary shared legal custody of any minor child of the marriage; but the judge may enter an order for temporary sole legal custody for one parent if shared custody would not be in the best interest of the child. A parenting plan for shared legal or physical custody, should include: the child’s education; the child’s health care; procedures for resolving disputes between the parties with respect to child-raising decisions and duties; and the periods of time during which each party will have the child reside or visit with him, including holidays and vacations, or the procedure by which such periods of time shall be determined. Where the parents have reached an agreement providing for the custody of the children, the court may enter an order in accordance with such agreement, unless specific findings are made by the court indicating that such an order would not be in the best interests of the children.
Michigan Child Custody State Law
M.C.L.A. See. 25.312(3, 5); M.SA Sees. 722.23. In custody cases, the best interests of the child control. The court will consider: whether parents provide the child with love, affection, and guidance and continuation of the education of the child in its religion or creed, if any, the ability and willingness of the parents to provide the child with food, clothing, medical care or other care and other material needs; the length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity; the permanence as a family unit, of the existing or proposed custodial home or homes; the moral fitness of the parties involved; the mental and physical health of the parties involved; the home, school, and community record of the child; the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference; the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent; domestic violence; and any other relevant factor.
Minnesota Child Custody State Law
Minnesota Statutes Annotated, Section 518.17 (M.S.A. Sec. 518.17).
Mississippi Child Custody State Law
Mississippi Code Annotated 1972, Title 93, Section 93-5-24 (M.C.A See. 93-5-24). Custody may be awarded as follows according to the best interests of the child: physical and legal custody to both parents jointly; physical custody to both parents jointly with legal custody to either parent; legal custody to both parents jointly with physical custody to either parent; or physical and legal custody to either parent. Both parents have a right to child’s school and medical records. In certain cases, a court can order physical and legal custody to any other person deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child. The court may require the parents to submit to the court a plan for the implementation of the custody order. There is a presumption that joint custody is in the best interests of a child where both parents have agreed to an award of joint custody. Any order for joint custody may be modified or terminated upon the petition of both parents or upon the petition of one parent showing that a material change in circumstances has occurred. Missouri Child Custody State Law Vernon’s Annotated Missouri Statutes, Chapter 452, Section 452,375 (AM.S. Sec. 452.375). The court shall determine custody in accordance with the best interests of the child. The court shall consider all relevant factors including: the wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties; the needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child; the interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests; which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent; the child’s adjustment to the child’s home, school, and community; the mental and physical health of all individuals involved, including any history of abuse or violence of any individuals involved; the intention of either parent to relocate the principal residence of the child; and the wishes of a child as to the child’s custodian. The court will determine the custody arrangement which will best assure both parents participate in such decisions and have frequent, continuing and meaningful contact with their children so long as it is in the best interests of the child. Both parents will have access to the child’s medical and school records unless visitation has been denied, subject to special conditions in domestic violence cases. If the parties have not agreed, the court will consider joint custody prior to sole legal custody. Any judgment providing for custody shall include a specific written parenting plan either submitted by the parties or determined by the court. In cases of domestic violence the court shall make specific findings of fact to show that the custody or visitation arrangement ordered by the court best protects the child and the parent or other family or household member who is the victim of domestic violence from any further harm.
Montana Child Custody State Law
Montana Code Annotated, Title 40, Chapter 4, Section 40-4-212 (M.C.A. Sec. 40-4-212). The court shall determine the parenting plan in accordance with the best interest of the child. The court shall consider: the wishes of the child’s parent or parents; the wishes of the child; the interaction and interrelationship of the child with the child’s parent or parents and siblings and with any other person who significantly affects the child’s best interest; the child’s adjustment to home, school, and community; the mental and physical health of all individuals involved; physical abuse or threat of physical abuse by one parent against the other parent or the child; chemical dependency or abuse on the part of either parent; continuity and stability of care; developmental needs of the child; whether a parent has knowingly failed to pay birth-related costs that the parent is able to pay, which is considered to be not in the child’s best interests; whether a parent has knowingly failed to financially support a child that the parent is able to support, which is considered to be not in the child’s best interests; whether the child has frequent and continuing contact with both parents, which is considered to be in the child’s best interests unless the court determines, after a hearing, that contact with a parent would be detrimental to the child’s best interests. In making that determination, the court shall consider evidence of physical abuse or threat of physical abuse by one parent against the other parent or the child, including but not limited to whether a parent or other person residing in that parent’s household has been convicted of certain crimes; and adverse effects on the child resulting from continuous and vexatious parenting plan amendment actions. Good faith efforts must be made to comply with a parenting plan or obtain dispute resolution before seeking to amend the plan. Also, it is presumed that if a case seeking to change the parenting plan is filed within 6 months after a child support action is brought against that parent, it is vexatious.
Nebraska Child Custody State Law
Revised Statutes of Nebraska, Chapter 42, Section 42-364 (R.S.N. See. 42-364). In a dissolution of a marriage or legal separation, the court may include a parenting plan developed under the Parenting Act. Custody and time spent with each parent shall be determined on the basis of the best interests of the minor child with the objective of maintaining the ongoing involvement of both parents in the minor child’s life. The best interests of the minor child include consideration of: (1) the relationship of the minor child to each parent prior to the commencement of the action or any subsequent hearing; (2) the desires and wishes of the minor child if of an age of comprehension regardless of chronological age, when such desires and wishes are based on sound reasoning; (3) the general health, welfare, and social behavior of the minor child; and (4)any credible evidence of abuse inflicted on any family or household member. Shared or joint custody is permitted where both parents agree to such an arrangement or the court finds it is in the best interests of a child.
Nevada Child Custody State Law
Nevada Revised Statutes Annotated, Chapter 125, Section 125.480 (N.R.SA Sec. 125.480) In determining custody, the sole consideration of the court is the best interest of the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly. When awarding custody to either parent, the court shall consider, among other factors, which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent. The court can also order custody to a person in whose home the child has been living and where the child has had a wholesome and stable environment or to a relative whom the court finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within the state or to any other person or persons whom the court finds suitable and able to provide proper care and guidance for the child. In determining the best interest of the child, the court shall consider: the wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his custody; any nomination by a parent of a guardian for the child; and whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.
New Hampshire Child Custody State Law
New Hampshire Revised Statures Annotated, Chapter 458, Section 458: 17 (N.H.R.S.A. Sec. 458: 17). There is a presumption that joint legal custody is in the best interest of minor children where the parents have agreed to an award of joint legal custody. The court may take into consideration the child’s preference. The presence of abuse is considered harmful to children and the court shall make custody and visitation orders that best protect the children or the abused spouse or both. If joint legal custody is granted despite evidence of abuse, the court shall provide written findings to support the joint custody order. Reasonable visitation privileges to a stepparent of the children or to the grandparents of the children may be entered. Modification of custody may be by agreement. Repeated interference with visitation or custodial rights of the other parent shall also be a basis for modifying physical custody without the necessity of showing harm to the child if the court finds that a change of physical custody would be in accordance with the best interests of the child. The court may give substantial weight to the child’s wishes where the child is sufficiently mature.
New Jersey Child Custody State
Law New Jersey Statutes Annotated, Tide 9, Chapter 2, Section 9:2-4 (N.J.S.A. See. 9:2-4). In custody proceedings, the rights of both parents shall be equal. The court will order any custody arrangement which is agreed to by both parents unless it is contrary to the best interests of the child. If the parties cannot agree, the court may require each parent to submit a custody plan which it shall consider. A court can order joint custody (legal or physical) with sole or alternating residential arrangements in accordance with the needs of the parents and child, and provisions for consultation between the parents in making major decisions regarding the child’s health, education and general welfare or sole custody to one parent with appropriate parenting time for the noncustodial parent; or any other custody arrangement as the court may determine to be in the best interests of the child. The court shall consider: (1) the parents’ ability to agree, communicate, and cooperate in matters relating to the child; (2) the parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; (3) the interaction and relationship of the child with its parents and siblings; the history of domestic violence, if any; (4) the safety of the child and the safety of either parent from physical abuse by the other parent; (5) the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; (6) the needs of the child; the stability of the home environment offered; (7)the quality and continuity of the child’s education; (8) the fitness of the parents; (9) the geographical proximity of the parents’ homes; (10) the extent and quality of the time spent with the child prior to or subsequent to the separation; (11) the parents’ employment responsibilities; and (12) the age and number of the children.
New Mexico Child Custody State Law
New Mexico Statutes 1978 Annotated, Chapter 40, Section 40-4-9 (N.M.SA See. 40-4-9). Custody in cases where a child is under fourteen will be determined in accordance with the best interests of the child. Joint custody is presumed to be in the best interest of a child. The court shall consider: (1) the wishes of the child’s parent or parents as to his custody; (2) the wishes of the child as to his/her custodian; (3) the interaction and interrelationship of the child with the parents, siblings and any other person who may significantly affect the child’s best interest; (4) the child’s adjustment to home, school and community; and (5) the mental and physical health of all individuals involved. If the child is fourteen years of age or older, the court shall consider the desires of the minor as to with whom he or she wishes to live before awarding custody of such minor In cases of joint custody, a parenting plan must be filed with the court, including the division of time, religious, educational, health, and decision-making responsibilities.
New York Child Custody State Law
McKinney’s Consolidated Laws of New York Annotated, Domestic Relations Law, Section 240 (CL.N.Y., D.R.L. Sec. 240). Custody shall be awarded in the court’s discretion having regard to the circumstances of the case and of the respective parties and to the best interests of the child. Domestic violence will be considered. Reasonable visitation may be ordered.
North Carolina Child Custody State Law
General Statutes of North Carolina, Chapter 50, Section 50-13.2 (G.S.N.C. Sec. 50-13.2). Custody of a child to a person, agency, organization or institution will be ordered to best promote the interest and welfare of the child. The court shall consider: domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party and shall make findings accordingly. Joint custody to the parents shall be considered upon the request of either parent. Any order for custody must include visitation as will best promote the interest and welfare of the child. In domestic violence cases, the court will enter orders that best protect the children and other victims, including a designation of time and place for the exchange of children away from the abused party, the participation of a third party, or supervised visitation. Absent an order of the court to the contrary, each parent shall have equal access to the records of the minor child involving the health, education, and welfare of the child.
North Dakota Child Custody State Law
North Dakota Century Code Annotated, Title 14, Chapter 14-09, Section 14-09-06 (N.D.C.C. Sec. 14-09-06). The best interests and welfare of the child is determined by the court’s consideration and evaluation of all factors affecting the best interests and welfare of the child including:(1) the love, affection, and other emotional ties existing between the parents and child; (2) the capacity and disposition of the parents to give the child love, affection, and guidance and to continue the education of the child; (3) the disposition of the parents to provide the child with food, clothing, medical care, or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs; (4) the length of time the child has lived in a stable satisfactory environment and the desirability of maintaining continuity; the permanence, as a family unit, of the existing or proposed custodial home; (5) the moral fitness of the parents; (6) the mental and physical health of the parents; (7) the home, school, and community record of the child; (8) the reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express !1 preference;(9) any evidence of domestic violence; (10) the interaction and interrelationship of the child with any person who resides in, is present, or frequents the household of a parent and who may significantly affect the child’s best interests; (11) false allegations not made in good faith of harm to a child; and (12) any other factors considered by the court to be relevant to a particular child custody dispute.
Ohio Child Custody State Law
Page’s Ohio Revised Code Annotated, Title 31, Section 3109.04 (O.R.C See. 3109.04) The court shall allocate the parental rights and responsibilities based on what is in the best interests of the child. Upon request, and if it is in the best interests of a child, a shared parenting order requiring the parents to share all or some of the aspects of the physical and legal care of the children pursuant to the parties approved plan for shared parenting will be entered. If neither parent requests joint parenting or the court finds that it would not be in the best interests of the child, the court will allocate the parental rights and responsibilities for the care of the children primarily to one of the parents, designate that parent as the residential parent and the legal custodian of the child, and divide between the parents the other rights and responsibilities for the care of the children, including, but not limited to, the responsibility to provide support for the children and the right of the parent who is not the residential parent to have continuing contact with the children. In determining the best interest of a child, the court shall consider: (1) the wishes of the parents and the child regarding the child’s care; (2) the child’s interaction and interrelationship with parents, siblings, and any other person who may significantly affect the child’s best interest; (3) the child’s adjustment to home, school, and community; (4) the mental and physical health of all persons involved in the situation; (5) the parent more likely to honor and facilitate visitation and companionship rights approved by the court; (6) whether either parent has failed to make court-ordered child support payments; (7) either parent’s criminal history involving child abuse or neglect; (8) whether a parent has continuously and willfully denied the other parent court-ordered visitation; and (9) whether either parent has established a residence, or is planning to establish a residence, outside this state. For shared parenting, the court will also consider: the ability of the parents to cooperate and make decisions jointly, with respect to the children; the ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent; any history of, or potential for, child abuse, spouse abuse, other domestic violence, or parental kidnapping by either parent; the geographic proximity of the parents to each other, as the proximity relates to the practical considerations of shared parenting; and the recommendation of the child’s guardian ad litem. A shared parenting plan will include: physical living arrangements, child support obligations, provision for the children’s medical and dental care, school placement, and the parent with which the children will be physically located during legal holidays, school holidays, and other days of special importance. No modifications will be granted unless the court finds, based on facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child or either of the parents, and that the modification is necessary to serve the best interest of the child. However, under a shared parenting decree, both parents may agree at any time to modify the terms of the plan by filing the modifications with the court. Courts may also modify the terms of the plan for shared parenting at any time if the court determines that the modifications are in the best interest of the children.
Oklahoma Child Custody State Law
Oklahoma Statutes Annotated, Title 43, Section 109 (43 O.SA Sec. 109). The court shall consider the best interests of the physical and mental and moral welfare of the child. Children of sufficient age are permitted to express a parent preference. There is no preference for or against joint legal custody, joint physical custody, or sole custody, however the court will encourage shared parenting when in the best interest of a child. Custody is awarded based on a preference first for parents, then grandparents, then to third parties according to the best interests of the child. In cases of domestic abuse, it is presumed that it is not in the best interests of the child to have custody, guardianship or unsupervised visitation granted to the abusive person. Parents may request or agree to joint custody, and the court shall order that if it is in the best interests of the child. The parents may submit a plan jointly, or either parent or both parents may submit separate plans. Any parenting plan shall include provisions detailing the physical living arrangements for the child, child support obligations, medical and dental care for the child, school placement, and visitation rights. In sole custody cases, any order providing for the visitation of a noncustodial parent must provide a specified minimum amount of visitation between the noncustodial parent and the child unless the court determines otherwise. Except for good cause shown and when in the best interests of the child, the order shall encourage additional visitations of the noncustodial parent and the child and in addition encourage liberal telephone communications between the noncustodial parent and the child.
Oregon Child Custody State Law
Oregon Revised Statutes Annotated, Chapter 107, Section 107.137 (O.R.S. See. 137). The court shall give primary consideration to the best interests and welfare of the child and will consider:(l) the emotional ties between the child and other family members; (2) the interest of the parties in and attitude toward the child; (3) the desirability of continuing an existing relationship; (5) any abuse of one parent by the other; (6) and the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. The court shall consider the conduct, marital status, income, social environment or life style of either party only if it is shown that any of these factors are causing or may cause emotional or physical damage to the child. Pennsylvania Child Custody State Law Purdon’s Pennsylvania Consolidated Statutes Annotated, Title 23, Section 5303 (23 Pa.C.S.A. Sec. 5303). The court must consider the preference of the child as well as any other factor which legitimately impacts the child’s physical, intellectual, and emotional wellbeing. An order for shared custody may be awarded by the court when it is in the best interest of the child; upon application of one or both parents; when the parties have agreed to an award of shared custody; or in the discretion of the court. In a sole custody or visitation order the court must consider which parent is more likely to encourage, permit, and allow frequent and continuing contact and physical access between the noncustodial parent and the child. However, a court will consider each parent and adult household member’s present and past violent or abusive conduct in making an award of custody.
Rhode Island Child Custody State Law
General laws of Rhode Island, Section 15-5-16 (G.L.R.I. See. 15-5-16). In granting custody of the children, the best interests of the child is the standard and the court will order reasonable visitation in the noncustodial parent unless abuse or another good cause exists. If an order for visitation has not been complied with, the court may specifically detail the noncustodial parent’s visitation rights but, if a second finding of noncompliance by the court is made the court shall consider this to be grounds for a change of custody to the noncustodial parent. Domestic violence will be considered. South Carolina Child Custody State Law Code of Laws of South Carolina 1976, Title 20, Section 20-3-160 (C.L.S.c. See. 20-3-160). In any action for divorce the court may order the care, custody and maintenance of the children of the marriage based on the best interests of the child. The “tender years” doctrine may apply in certain cases considering fitness, character and resources of the parties.
South Dakota Child Custody State Law
South Dakota Codified Laws Annotated, Title 25, Chapter 4, Section 25-4-4- (S.D.C.L. Sec. 254-45). In an action for divorce, the court may order the custody care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate or modify the same. In awarding the custody of a child, the court shall be guided by consideration of the best interests of the child in respect to the child’s temporal and mental and moral welfare. If the child is of a sufficient age to form an intelligent preference, the court may consider that preference in determining the question. Neither parent may be given preference over the other in determining custody.
Tennessee Child Custody State Law
Tennessee Code Annotated, Title 36, Section 36-6-101 (T.CA. Sec. 36-6-101). In a suit for annulment, divorce or separate maintenance, where the custody of a minor child or minor children is a question, the court may award the care, custody and control of such child or children to either of the parties to the suit or to both parties in the instance of joint custody or shared parenting, or to some suitable person, as the welfare and interest of the child or children may demand. There is a presumption that joint custody is in the best interest of a minor child where the parents have agreed to it. If there is no agreement, there is no preference and either joint or sole custody may be ordered in the court’s discretion. Unless otherwise agreed (or when the court finds it not to be in the best interests of the child), each order pertaining to the custody or possession shall grant to each parent: the right to unimpeded telephone conversations with the child at least twice a week at reasonable times and for reasonable durations; the right to send mail to the child which the other parent shall not open or censor; the right to receive notice and relevant information as soon as practicable but within twenty-four hours of any event of hospitalization, major illness or death of the child; the right to receive directly from the child’s school upon written request which includes a current mailing address and upon payment of reasonable costs of duplicating, copies of the child’s report cards, attendance records, names of teachers, class schedules, standardized test scores and any other records customarily made available to parents; the right to receive copies of the child’s medical records directly from the child’s doctor or other health care provider upon written request which contains a current mailing address and upon payment of reasonable costs of duplication; and the right to be free of unwarranted derogatory remarks made about such parent or such parent’s family by the other parent to or in the presence of the child. The order will remain within the control of the court and be subject to such changes or modification as the exigencies of the case may require.
Texas Child Custody State Law
Vernon’s Texas Codes Annotated, Family Code, Section 153.002 (T.CA., Fam. Code Sec. 153.002) The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. Domestic violence will be considered. The parties may enter into a written agreement containing provisions for conservatorship and possession of the child and for modification of the agreement, including variations from the standard possession order. The court will approve an agreement that is in the child’s best interest.
Utah Child Custody State Law Utah Code Annotated, Tide 30, Chapter 2, Section 30-2-10 (U.C Sec. 30-2-10). The court must order either joint or sole custody for the future care and custody of the minor children as it considers appropriate. In determining custody, the court must consider the best interests of the child and the past conduct and demonstrated moral standards of each of the parties. The court may inquire of the children and take into consideration the children’s desires regarding the future custody, but the expressed desires are not controlling and the court may determine the children’s custody otherwise. The court must also consider: which parent is most likely to act in the best interests of the child, including allowing she child frequent and continuing contact with the noncustodial parent as the court finds appropriate. There are special provisions for visitation in sole custody cases. For joint custody, the parties may agree, or the court may order it if both parents are suitable for joint custody considering: the benefits to the child; the abilities of the parents to cooperate; the geographic distance between the parents’ homes; the preference of the child (if old enough); and other factors deemed relevant by the court.
Vermont Child Custody State Law
Vermont Statutes Annotated, Title 15, Section 665 (15 VS.A. Sec. 665). The court may order parental rights and responsibilities to be divided or shared between the parents on such terms and conditions as serve the best interests of the child. When the parents cannot agree to divide or share parental rights and responsibilities, the court shall award parental rights and responsibilities primarily or solely to one parent. The court will consider: (1) the relationship of the child with each parent and the ability and disposition of each parent to provide the child with love, affection and guidance; (2) the ability and disposition of each parent to assure that the child receives adequate food, clothing, medical care, other material needs and a safe environment; (3) the ability and disposition of each parent to meet the child’s present and future developmental needs; (4) the quality of the child’s adjustment to the child’s present housing, school and community and the potential effect of any change; (5) the ability and disposition of each parent to foster a positive relationship and frequent and continuing contact with the other parent, including physical contact, except where contact will result in harm to the child or to a parent; (6) the quality of the child’s relationship with the primary care provider, if appropriate given the child’s age and development; (7) the relationship of the child with any other person who may significantly affect the child; and (8) the ability and disposition of the parents to communicate, cooperate with each other and make joint decisions concerning the children whete parental rights and responsibilities are to be shared or divided. In addition, the court shall consider evidence of abuse.
Virginia Child Custody State Law
Annotated Code of Virginia 1950, Title 20, Section 20-124.2 (C.V Sec. 20-124.2). In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. There is no presumption favoring either parent as to custody. The court shall give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation to any other person with a legitimate interest. The court may award joint custody or sole custody. Mediation shall be used as an alternative to litigation where appropriate. When mediation is used in custody and visitation matters, the goals may include development of a proposal addressing the child’s residential schedule and care arrangements, and how disputes between the parents will be handled in the future. Best interest of child includes: (1) age, physical and mental condition of the child and parties; (2) relationship between the child and each parent; (3) needs of the child; (4) the role each parent played, and will play, in the child’s upbringing and care; (5) the parent’s role in caring for child; (6) the willingness of each parent to maintain a close relationship and cooperate and resolve disputes; (7) the preference of the child if child is of sufficient age, intelligence, understanding, and experience; (8) any history of family abuse; and (9) any other relevant factor.
Washington Child Custody State Law
West’s Revised Code of Washington Annotated, Title 26, Chapter 26.09, Section 26.09.002 (R.C.WA. Sec. 26.09.002). The best interests of the child shall be the standard by which the court determines and allocates the parties’ parental responsibilities. The policy of this state is that the best interests of the child are served by a parenting arrangement that best maintains a child’s emotional growth, health and stability, and physical care. Further, the best interest of the child is ordinarily served when the existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship of the parents Ot as requited to protect the child from physical, mental, or emotional harm. Parties are encouraged to develop an agreed parenting plan. The plan must contain provisions for resolution of future disputes between the parents, allocation of decision-making authority, and residential provisions for the child. The plan will allocate decision-making authority to one or both parties regarding the children’s education, health care, and religious upbringing. The parties may incorporate an agreement related to the care and growth of the child in these specified areas, or in other areas, into their plan. Regardless of the allocation of decision-making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the child. The plan will include a residential schedule which designates in which parent’s home each minor child shall reside on given days of the year, including provision for holidays, birthdays of family members, vacations, and other special occasions. Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent. When mutual decision making is designated but cannot be achieved, the parties shall make a good-faith effort to resolve the issue through the dispute resolution process. Best interest factors include: (1) each party’s relative strength, nature and stability of the relationship with the child, including which party has taken greater responsibility for the child; (2) any agreement of the parties; (3) each party’s past and potential for future performance of parenting functions; (4) child’s emotional needs and development; (5) the child’s relationship with siblings and any other significant adults, and involvement in his or her physical surroundings, school, and other activities; (6) the wishes of the parties and the child; and (7) each party’s employment schedule. The greatest weight is given to factor (1) above.
West Virginia Child Custody State Law
West Virginia Code, Chapter 48, Article 2, Section 48-2-15 (WVC. Sec. 48-2-15). Custody and visitation will be ordered as may be appropriate under the circumstances. Visitation must be specified in a schedule for the noncustodial parent. Unless it is not in the best interests of the child, all custody orders must provide for the following: the custodial parent shall be required to authorize the child’s school to release to the noncustodial parent copies of information concerning the child which would be released to the custodial parent; the custodial parent shall transmit to the noncustodial parent a copy of the child’s grades or report card and copies of any other status or progress reports of the child; when practicable the custodial parents will schedule parent-teacher conferences at a time when the noncustodial parent can be present; the custodial parent shall authorize medical providers to release to the noncustodial parent copies of medical care information which would otherwise be released to the custodial parent; the custodial parent shall promptly inform the noncustodial parent of any illness of the child which requires medical attention; or, if the child is in the actual physical custody of the noncustodial parent during a period of visitation, the noncustodial parent shall promptly inform the custodial parent of any illness of the child which requires medical attention; the custodial parent shall consult with the noncustodial parent prior to any elective surgery being performed on the child; and in the event emergency medical procedures are undertaken for the child which require the parental consent of either parent, if time permits, the other parent shall be consulted, or if time does not permit such consultation, the other parent shall be promptly informed of such emergency medical procedures: the same duty to inform the custodial parent applies to the noncustodial parent in the event that the emergency medical procedures are required while the child is in the physical custody of the noncustodial parent during a period of visitation.
Wisconsin Child Custody State Law
West’s Wisconsin Statutes Annotated, Section 767.24 (WS.A. See. 767.24). In an annulment, divorce, legal separation, or custody case, the court shall determine the legal custody and physical placement of a child based on the best interest of the child. Joint legal custody or sole legal custody of a minor child may be ordered. In contested cases the parties must file a parenting plan with their proposed custody arrangement and including certain statutory information. For joint legal custody, the parties may agree, or if one party requests it, the court must find that both parties are capable of performing parental duties and responsibilities and wish to have an active role in raising the child; no conditions exist at that time which would substantially interfere with the exercise of joint legal custody; and the parties will be able to cooperate in the future decision making required under an award of joint legal custody. In joint legal custody orders, the court may specify one parent as the primary caretaker of the child and one home as the primary home of the child and give one party sole power to make specified decisions, while both parties retain equal rights and responsibilities for other decisions. Evidence of domestic abuse is presumed to show that the parties will not be able to cooperate in the future decision making required. In either sole or joint legal custody cases, the court shall allocate periods of physical placement between the parties. In determining the allocation of periods of physical placement, the court shall consider: (1) the wishes of the child’s parent or parents as proposed in the parenting plan; (2) the wishes of the child, which may be communicated by the child or through the child’s guardian ad litem or other appropriate professional; (3) the interaction and interrelationship of the child with his or her parent or parents, siblings, and any other person who may significantly affect the child’s best interest; (4) the child’s adjustment to the home, school, religion and community; (5) the mental and physical health of the parties, the minor children and other persons living in a proposed custodial household; (6) the availability of public or private child care services; (7) whether each party will encourage frequent and continuing contact with the child or whether one party is likely to unreasonably interfere with the child’s continuing relationship with the other party; (8) whether there is evidence that a party engaged in domestic or child abuse; (9) whether either party has or had a significant problem with alcohol or drug abuse; and (10) such other factors as the court may in each individual case determine to be relevant. A child is entitled to periods of physical placement with both parents unless, after a hearing, the court finds that physical placement with a parent would endanger the child’s physical, mental or emotional health. Access to a child’s medical, dental and school records is available to a parent regardless of whether the parent has legal custody of the child.
Wyoming Child Custody State Law
Wyoming Statutes Annotated, Title 20, Chapter 2, Section 20-2-113 (WS.A. Sec. 20-2-113). The court may make any disposition of the children that appears most expedient and beneficial for the well-being of the children. The court shall consider the relative competency of both parents and no award of custody shall be made solely on the basis of gender of the parent. If the court finds that both parents have shown the ability to act in the best interest of the child, the court may order any arrangement that encourages parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage. The court shall order custody in well defined terms to promote understanding and compliance by the parties. In determining the best interests of the child, the court will consider the child’s relationship with the parent; the parent’s ability to care for the child; the parent’s ability to cooperate and maintain a relationship which respects the rights of the other parent; the geographic distances between the parents; and any other factor the court deems relevant. The court shall consider evidence of spouse abuse or child abuse as being contrary to the best interest of the child. If the court finds that family violence has occurred, the court shall make arrangements for visitation that best protect the child and the abused spouse from further harm.