Child Custody FAQ

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 the best approach to solving disagreements about child custody?

Answer:

Is race ever an issue in custody or visitation decisions?

The U.S. Supreme Court has ruled that it is unconstitutional for a court to consider race when a noncustodial parent petitions for a change of custody. In Palmore v. Sidoti, 466 U.S. 429 (1984), a white couple divorced, and the mother was awarded custody of their son. She remarried an African-American man and moved to a predominantly African-American neighborhood. The father filed a request for modification of custody based on the changed circumstances. A Florida court granted the modification, but the U.S. Supreme Court reversed, ruling that societal stigma, especially related to race, cannot be the basis for a custody decision.

For more information about child custody and visitation, check out Nolo's articles and FAQs on Child Custody, Child Support & Visitation.