Child Custody Laws by State

Name: Child Custody Laws by U.S. State
Creator: DIVORSAY
License: https://divorsay.com/legal/terms
Keywords: Child Custody Laws, divorce, state comparison, family law

How child custody lawsworks across all 51 U.S. jurisdictions — the framework, the major differences, and links to the full state-specific guide.

Jurisdictions

50 states + DC

Community Property

AZ, CA, ID, LA, NV, NM, TX, WA, WI

Equitable Distribution

Everywhere else

State-by-State Summary

Click any state to open the full guide with sections, FAQs, and statute references.

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

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.

Child Custody Laws by State

How child custody lawsworks across all 51 U.S. jurisdictions — the framework, the major differences, and links to the full state-specific guide.

Jurisdictions

50 states + DC

Community Property

AZ, CA, ID, LA, NV, NM, TX, WA, WI

Equitable Distribution

Everywhere else

State-by-State Summary

Click any state to open the full guide with sections, FAQs, and statute references.

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

Child Custody Laws by State

State-by-State Summary

More Topic Comparisons

Jump Into a State Hub

Child Custody Laws by State

State-by-State Summary

More Topic Comparisons

Jump Into a State Hub