Jurisdictions
51
50 states + DC
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Jurisdictions
51
50 states + DC
Community Property
9
AZ, CA, ID, LA, NV, NM, TX, WA, WI
Equitable Distribution
42
Everywhere else
State-by-State Summary
Sections, FAQs, and statute references for every jurisdiction.
| State | Property | Summary | Statute | Guide |
|---|---|---|---|---|
CACalifornia | Community | California determines custody based on the best interests of the child. | Cal. Fam. Code § 3011 | View |
TXTexas | Community | Texas determines custody based on the best interests of the child. | Tex. Fam. Code § 153.002 | View |
FLFlorida | Equitable | Florida determines custody based on the best interests of the child. | Fla. Stat. § 61.13 | View |
NYNew York | Equitable | New York determines custody based on the best interests of the child. | N.Y. Dom. Rel. Law § 240 | View |
ILIllinois | Equitable | Illinois determines custody based on the best interests of the child. | 750 ILCS 5/602.7 | View |
PAPennsylvania | Equitable | Pennsylvania determines custody based on the best interests of the child. | 23 Pa.C.S. § 5328 | View |
OHOhio | Equitable | Ohio determines custody based on the best interests of the child. | Ohio Rev. Code § 3109.04 | View |
GAGeorgia | Equitable | Georgia determines custody based on the best interests of the child. | O.C.G.A. § 19-9-3 | View |
NCNorth Carolina | Equitable | North Carolina determines custody based on the best interests of the child. | N.C. Gen. Stat. § 50-13.2 | View |
MIMichigan | Equitable | Michigan determines custody based on the best interests of the child. | MCL § 722.23 | View |
ALAlabama | Equitable | Alabama determines custody based on the best interests of the child. | Ala. Code § 30-3-152 | View |
AKAlaska | Equitable | Alaska determines custody based on the best interests of the child. | Alaska Stat. § 25.20.060 | View |
AZArizona | Community | Arizona determines custody based on the best interests of the child. | Ariz. Rev. Stat. § 25-403 | View |
ARArkansas | Equitable | Arkansas determines custody based on the best interests of the child. | Ark. Code Ann. § 9-13-101 | View |
COColorado | Equitable | Colorado determines custody based on the best interests of the child. | Colo. Rev. Stat. § 14-10-124 | View |
CTConnecticut | Equitable | Connecticut determines custody based on the best interests of the child. | Conn. Gen. Stat. § 46b-56 | View |
DEDelaware | Equitable | Delaware determines custody based on the best interests of the child. | Del. Code Ann. tit. 13, § 722 | View |
DCDistrict of Columbia | Equitable | District of Columbia determines custody based on the best interests of the child. | D.C. Code § 16-914 | View |
HIHawaii | Equitable | Hawaii determines custody based on the best interests of the child. | Haw. Rev. Stat. § 571-46 | View |
IDIdaho | Community | Idaho determines custody based on the best interests of the child. | Idaho Code § 32-717 | View |
INIndiana | Equitable | Indiana determines custody based on the best interests of the child. | Ind. Code § 31-17-2-8 | View |
IAIowa | Equitable | Iowa determines custody based on the best interests of the child. | Iowa Code § 598.41 | View |
KSKansas | Equitable | Kansas determines custody based on the best interests of the child. | Kan. Stat. Ann. § 23-3201 | View |
KYKentucky | Equitable | Kentucky determines custody based on the best interests of the child. | Ky. Rev. Stat. § 403.270 | View |
LALouisiana | Community | Louisiana determines custody based on the best interests of the child. | La. Civ. Code art. 134 | View |
MEMaine | Equitable | Maine determines custody based on the best interests of the child. | Me. Rev. Stat. Ann. tit. 19-A, § 1653 | View |
MDMaryland | Equitable | Maryland determines custody based on the best interests of the child. | Md. Code Ann., Fam. Law § 9-101 | View |
MAMassachusetts | Equitable | Massachusetts determines custody based on the best interests of the child. | Mass. Gen. Laws ch. 208, § 31 | View |
MNMinnesota | Equitable | Minnesota determines custody based on the best interests of the child. | Minn. Stat. § 518.17 | View |
MSMississippi | Equitable | Mississippi determines custody based on the best interests of the child. | Miss. Code Ann. § 93-5-24 | View |
MOMissouri | Equitable | Missouri determines custody based on the best interests of the child. | Mo. Rev. Stat. § 452.375 | View |
MTMontana | Equitable | Montana determines custody based on the best interests of the child. | Mont. Code Ann. § 40-4-212 | View |
NENebraska | Equitable | Nebraska determines custody based on the best interests of the child. | Neb. Rev. Stat. § 42-364 | View |
NVNevada | Community | Nevada determines custody based on the best interests of the child. | Nev. Rev. Stat. § 125C.0035 | View |
NHNew Hampshire | Equitable | New Hampshire determines custody based on the best interests of the child. | N.H. Rev. Stat. Ann. § 461-A:6 | View |
NJNew Jersey | Equitable | New Jersey determines custody based on the best interests of the child. | N.J. Stat. Ann. § 9:2-4 | View |
NMNew Mexico | Community | New Mexico determines custody based on the best interests of the child. | N.M. Stat. Ann. § 40-4-9 | View |
NDNorth Dakota | Equitable | North Dakota determines custody based on the best interests of the child. | N.D. Cent. Code § 14-09-06.2 | View |
OKOklahoma | Equitable | Oklahoma determines custody based on the best interests of the child. | Okla. Stat. tit. 43, § 109 | View |
OROregon | Equitable | Oregon determines custody based on the best interests of the child. | Or. Rev. Stat. § 107.137 | View |
RIRhode Island | Equitable | Rhode Island determines custody based on the best interests of the child. | R.I. Gen. Laws § 15-5-16 | View |
SCSouth Carolina | Equitable | South Carolina determines custody based on the best interests of the child. | S.C. Code Ann. § 63-15-240 | View |
SDSouth Dakota | Equitable | South Dakota determines custody based on the best interests of the child. | S.D. Codified Laws § 25-4-45 | View |
TNTennessee | Equitable | Tennessee determines custody based on the best interests of the child. | Tenn. Code Ann. § 36-6-106 | View |
UTUtah | Equitable | Utah determines custody based on the best interests of the child. | Utah Code Ann. § 30-3-10 | View |
VTVermont | Equitable | Vermont determines custody based on the best interests of the child. | Vt. Stat. Ann. tit. 15, § 665 | View |
VAVirginia | Equitable | Virginia determines custody based on the best interests of the child. | Va. Code Ann. § 20-124.3 | View |
WAWashington | Community | Washington determines custody based on the best interests of the child. | Wash. Rev. Code § 26.09.187 | View |
WVWest Virginia | Equitable | West Virginia determines custody based on the best interests of the child. | W. Va. Code § 48-9-206 | View |
WIWisconsin | Community | Wisconsin determines custody based on the best interests of the child. | Wis. Stat. § 767.41 | View |
WYWyoming | Equitable | Wyoming determines custody based on the best interests of the child. | Wyo. Stat. Ann. § 20-2-201 | View |
Notice
This comparison is general legal information, not legal advice. State laws change, and courts interpret them differently. For guidance on your specific situation, consult a licensed family law attorney in the relevant jurisdiction. DIVORSAY is a technology company, not a law firm.
More Topic Comparisons
Across all 51 states.