Child Custody FAQ
Answers to common child custody questions.
What factors do courts take into account when deciding who gets custody of the children?
If one parent moves out and leaves the kids with the other parent, does it hurt the moving parent's chances of getting custody at a later date?
Are courts more likely to award custody to mothers than to fathers?
» Does custody always go to just one parent?
Are there special issues if a gay or lesbian parent is seeking custody or visitation rights?
Is race ever an issue in custody or visitation decisions?
Who determines how much visitation is reasonable and fair?
Is mediation is the best approach to solving disagreements about child custody?
Does custody always go to just one parent?
No. Courts frequently award at least partial custody to both parents, called "joint custody." Joint custody takes one of three forms:
- joint physical custody (children spend a substantial amount of time with each parent)
- joint legal custody (parents share decision-making on medical, educational, and religious questions involving the children), or
- both joint legal and joint physical custody.
In New Mexico and New Hampshire, courts are required to award joint custody, except where the children's best interests -- or a parent's health or safety -- would be compromised. Many other states expressly allow courts to order joint custody, even if one parent objects to such an arrangement. For more information, see Types of Custody.
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