Prince Daddy's Mile Long Noncustodial Dads' Survival Guide

BOOKMARK + LINK IT! : This is a page that you will want to read repeatedly over the years.

PrinceDaddy.com : Read on for a lot of information about noncustodial dads, lawyers, laws, and family law information. This is a long page that took hundreds of hours to compile.

Always verify information and your court room strategy with an attorney by using the Just Answer links (will save you a fortune). If you read nothing else on this page, read this: if possible, think about going pro se (representing yourself).

Don't Be Afraid To Share And Fight

One thing I've learned from my seven-year involvement with the so-called Mens Rights Movement or Fathers Rights Movement (or whatever you'd like to call it) is that men, in many ways, are their own worst enemy. Men can manage to cooperate when it comes to small matters like building civilizations, but when the issue is working together in a social movement to fight for their kids...suddenly men aren't as productive.

I think this is because a lot of men aren't comfortable fighting a reactionary campaign against women (modern day feminism.) And, that's the essence.

But, these are our kids, and we've got to do the right thing.

LINK TO THIS PAGE FROM YOUR BLOGS!

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You found this page, and, the truth is that it's one of the best single pages on the internet for noncustodial dads. So, what are you going to do? Not tell anybody else about it? Link to this from blogs and forums. And, bookmark (press Ctrl + D).

Dad’s Duties

As indicated in the basic list of father’s rights, with those rights also come responsibilities.

As a father, you have the responsibility to provide support for your child or children. At bare minimum, to stay out of the legal system, this would mean consistently paying your court-ordered child support.
It is your responsibility to be a provider of clothing, food, and shelter for your child.
It is your responsibility as a father to provide your child with medical treatment and schooling.
As a father, you are also obligated to protect your child from neglect and harm.

Father’s Rights Vocabulary

The Words A Father Should Know : )

A

action: A lawsuit in which one party (or parties) sue another.

adopt: To take on the relationship of parent of another person, particularly a minor, by official legal measures.

affidavit: Any written document in which the signer swears under oath before a notary public (or someone authorized to take oaths) that the document’s statements are true.

affidavit of paternity: A written sworn statement by a father admitting that he is the biological father of the child.

age of emancipation: The exact age at which a child becomes an adult; a matter of law in each state.

allege: To claim a fact is true, commonly in a complaint which is filed to commence a lawsuit.

alternative dispute resolution: Any process by which legal adversaries reach a decision other than bringing the matter to trial for a judge’s decision; in divorce cases, it usually refers to mediation.

alimony: Support paid by one ex-spouse to the other as ordered by a court in a divorce (dissolution) case.

appeal: Procedure which forces a trial court decision to be reviewed by a higher court.

arrearage: Unpaid child support owed by a parent who is legally obligated to pay.

asset: Any item or property with monetary value.

B

biological father: Natural male parent of a child: his sperm fertilized the egg.

C

child: A person’s natural offspring, or, generally a person 14 years and under.

child support: The payment the noncustodial parent pays to the custodial parent to support (in theory) their child or children.

child support guidelines: The formulas used to determine the child support amount: these guidelines consider economic factors such as the custodial parent’s income, the noncustodial parent’s income, alimony, health insurance costs,day care, support obligations for other children, etc.

claim: To make a demand for money, property, or enforcement of a right provided by law.

collaborative family law: Settlement process in which the lawyers agree to withdraw if one of the parties decides to litigate divorce.

common law marriage: An agreement between a man and woman to live together as husband and wife without any official legal marriage, followed and/or preceded by cohabitation (usually for seven years.)

conjugal rights: A spouse’s “rights” to the comforts and companionship from his or her mate (usually referring to sex).

consent decree: A judge’s order based upon (a generally written) agreement between the parties to a lawsuit instead of continuing the case through trial or hearing.

custodial parent: The parent who has custody of the child or children. The custodial parent gets the child support payments.

custody: The responsibility and authority to make major decisions in a child’s best interests; these decisions may concern residence, dental, medical, education, religion, child care, recreation, etc. Custody is the legal right to act as a parent, have the children live with you, make decisions about their welfare, lives, upbringing, values, etc. When in a custody case, if the parents cannot agree, the court will decide custody.

D

decree: The same thing as judgment (except in a few specific areas of the law.)

default judgment: When a lawsuit defendant fails to respond to a complaint, the plaintiff may request that this failure be entered into the court record.

deposition: A pretrial procedure which is part of discovery in which one party forces the other party, or other witnesses, to answer questions under oath before a court reporter.

direct examination: A party’s (or attorney’s) questioning of a witness who has ben called as part of a case in a trial or hearing.

dissolution: A modern term for divorce.

divorce: Legal action which terminates a marriage.

docket: Cases on a court calender.

domestic relations: Term (polite) for the legal field of divorce, dissolution, annulment, child custody, child support, and alimony.

domestic violence: Violence against a spouse or a person in another family or romantic relationship.

domicile: A person’s permanent, main home.

E

emancipate: Independence of children from their parents due to age or circumstance.

equitable: Based on fairness rather than legal technicalities.

evidence: The proof which is presented at trial.

exhibit: Document or object introduced as evidence during a trial.

G

guardian ad litem: An attorney appointed to act as the children’s advocate or an advocate for the best interests of the children in a custody case.

garnishment: A legal proceeding in which a person’s property, money, or credit under the control of a third person (garnishee) is withheld from the defendant and applied to the payment of the defendant’s debt to the plaintiff.

genetic testing: DNA testing that is used to conclusively prove the paternity of a child; this may be a Buccal Swab Test involving the alleged father, the mother, and child.

guidelines: A standard method of setting child support obligations based upon the income of parent(s) and other factors as determined by state law.

H

hearing: Any proceeding before a judge or other magistrate without a jury in which evidence and/or argument is presented to determine some issue of fact or both issues of fact and law.

I

income withholding: An order or other legal process directed to an obligor’s employer or other income payer to withhold court-ordered sums from the obligor’s wage or other income.

interrogatories: A discover procedure. A party’s written questions to the other party that must be answered under oath in writing.

J

joint custody: A court order which awards child custody to two parents. Joint custody does not suggest that the child’s time is split equally between the parents or an equal parental financial responsibility.

jurisdiction: Authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases.

L

legal custody: Legal custody gives a parent the right to make long-term decisions concerning his or her child’s upbringing, religion, education, health, etc.

M

marriage: Joining of man and woman in matrimony by a person qualified to perform the ceremony, after having obtained a valid marriage license.

matter of record: Anything which has been recorded by the court reporter or court clerk.

mediation: A cooperative process in which the parents meet with, presumably, a skilled and neutral mediator who guides the discussion and helps the parents reach agreements and lessen the level of conflict.

minor: Anyone under 18 in almost all states.

modification of support: A change of prior child support orders contingent upon a real change in circumstances (ie., parent is now making much more money.) A modification can be an increase or decrease.

N

noncustodial parent: The parent who does not have custody of the child; if custody is shared, the parent with less custody.

P

Parental Kidnapping Prevention Act (PKPA): A federal statute intended to prevent child snatching.

parent: This could be a natural parent, adoptive parent, or the person who is declared to be a parent by the court.

parental neglect: Crime which consists of acts or omissions of a parent which endangers the health and life of a child or fails to take necessary actions in the proper and safe raising of a child.

parenting classes: In contested custody cases, parents may be ordered to attend parenting classes which address how to minimize the harm that divorce can cause children (and other issues.)

parenting plan: A parental agreement which details each parent’s responsibilities, and, possibly, child support and visitation schedules.

paternity: The legal determination of fatherhood by acknowledgment, court order, administrative order or any other method allowed by state law.

pendente lite: Temporary until trial.

physical custody: The parent who lives in the home in which the child primarily resides has physical custody of the child.

plaintiff: Party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant.

pleadings: Pleadings are papers filed to the court: complaint, answer, counterclaim, etc.

pretrial conference: Final conference with the court before your trial. Prior to this, mom and dad will have had to file a statement of marital property and a pretrial statement concerning things like witnesses, pending motions, documents, etc.

presumed father: A presumed father is considered to be a child’s father. A man can be presumed to be the child’s father when he signs the child’s birth certificate or is married to the woman and the child is born during their marriage.

putative father: The putative father is alleged to be the biological father of an illegitimate child.

S

shared custody: The noncustodial parent has custody a significant amount of the time. Child support is calculated under the shared custody child support guidelines.

sole custody: A court order which awards child custody to one parent.

split custody: Each parent has physical custody of one or more of their children.

statute: Federal or state written law enacted by the Congress or state legislature.

statute of limitations: A state statute which sets a fixed time within which a legal action must be undertaken or the matter be forever barred from litigation.

subpoena: A document issued by a court forcing a person to attend a hearing or to produce documents for inspection at a particular time and location.

support order: A court order which instructs the noncustodial parent to pay an amount to the custodial parent (child support).

T

time-sharing: The noncustodial parent’s time with the child or children. Time-sharing is often referred to as visitation.

trial: A hearing at which the litigating parties present their witnesses and other evidence to the judge.

U

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA): The purpose of UCCJEA is to prevent jurisdictional conflict between state courts which can occur when parents move children from state to state in search of a desired custody decision.

Uniform Interstate Family Support Act (UIFSA): A state law used by all fifty states to handle interstate cases. It allows a method for establishing and enforcing support obligations when the the custodial parent and the noncustodial parent live in different states.

V

visitation: The noncustodial parent’s time with the children. Also referred to as time-sharing.

Y

your honor: Proper way to address a judge in court. Don’t forget this one : )

Use the question box above to contact a family law attorney who can answer your legal questions at a cheap price. By consulting with a lawyer, you can be certain of your options.

Children’s Rights

Our children, of course, also have rights, and, that’s what this is really all about: seeing to it that our kids have the most beautiful possible lives and futures.

It is the right of a child to have two parents.
A child has the right to be fed, sheltered, clothed, and educated.
A child, naturally, has the right to be protected, loved, and nurtured.
A child has the right to not be involved in parental conflict. And, that’s a really important right!
It’s a child’s right to not be manipulated: not to be asked to spy; not to be used as a bargaining tool.
A child, of course, has the right to exist as a child. A child need not make adult-level decisions.
A child has the right to receive inheritance and property from both parents.
It is the right of all children to enjoy the advantages and benefits that come from having contact with the extended families of both parents.
It is a child’s right (as long as both parents are fit) to spend as much time as possible with each parent; and, to develop deep relationships with each parent.
It is the right of all children to love each parent without fear of disapproval from either party.

This is a summary of children’s rights.

LEGAL CUSTODY

Use the question box above to contact a family law attorney who can answer your legal questions at a cheap price. By consulting with a lawyer, you can be certain of your options.

Legal custody is defined as the ability to make long-term parenting decisions: medical, discipline, education, religion, etc.

TYPES OF LEGAL CUSTODY

You start out with joint legal custody when you father a child. Joint custody means that both parents together make decisions about the child.

Now, technically speaking, joint legal custody means that no individual parent has final say over major decisions. In reality, it doesn’t really work this way...

***It is very important to understand that all fathers, whether separated or not, have joint custody (for whatever it’s worth) of their minor child or children until a court rules to the contrary. Joint custody can work beautifully if both parents cooperate for the sake of the best interest of the child.

Sole legal custody is the type of custody in which only one parent makes decisions about the minor child. In the real world, joint legal custody tends to somewhat equal sole custody: in other words, the mother does an awful lot of major stuff without asking for dad’s input.

——————————————————————————

PHYSICAL CUSTODY

Use the question box above to contact a family law attorney who can answer your legal questions at a cheap price. By consulting with a lawyer, you can be certain of your options.

Physical Custody simply refers to where the child or children live for the majority of the time. The parent with physical custody, has care and control of the child or children daily, and, this parent makes short-term parenting decisions. These basic sort of decisions involve simple things like what’s for dinner, what the child may watch on television, taking care of tiny details, etc.

Physical custody is called different things from state to state. Some states use the term residential custody, but, it’s the same thing.

***Before the creation of a court order, both parents, legally, have shared physical custody (custody de jure): it doesn’t matter if the parents are separated and the child is living with just one of them (custody de facto). This is the very reason why some will embellish the truth and file a temporary restraining order. A TRO is sometimes just a brute-force custody grab.

TYPES OF PHYSICAL CUSTODY

Shared physical custody

joint physical custody

There are several flavors of physical custody which you should think about:

Week On / Week Off: The child or children alternate weeks, generally beginning after school on Friday
Nesting: This is a somewhat strange and creative solution that can work if the parents are cooperative. In a nesting physical custody arrangement, the children stay at the same residence and the parents move out… now, that’s a kick!
Three / Four: In a three four physical custody agreement, the children live with one parent for three days, then with the other parent for four days; the schedule then alternates the following week.
School Days / Summer Vacations: The child or children live with one parent during the school week. The child or children then spend weekends, summer, and holidays with the other parent.
Sole physical custody occurs when the child spends the majority of her time living with one parent, who is referred to as the custodial parent. The other parent is the noncustodial parent, and, he has visitation rights.

Split physical custody is rare, and, it occurs when the children are split up between the parents. Both cours and child psychologist tend to frown on the custody arrangement.

That provides a summary of the basic definition and distinctions of custody. Elsewhere, we examine these issues in greater detail, but, I find that it’s first helpful to provide a succinct definition of the terms.

Now, the next thing you’re probably wondering is how custody gets decided.

A Note About Custody Terminology

***The first very important thing to understand, in this complex legal game, is not to get too hung-up in the actual terminology: joint legal custody, primary physical custody, etc. A good lawyer can write a consent agreement called anything and proceed to contradict the title and terminology step by step. A consent agreement can give primary physical custody to one parent, but, provide such a liberal visitation schedule to the other parent that the term primary physical custody takes on a wholly different meaning.

I know. This gets complicated, but, it is important to understand. Let’s be a little more specific. As indicated, the parent who has sole physical custody with joint legal custody, for all practical purposes, very nearly has sole legal custody. So, if the mother with sole physical custody and joint legal custody doesn’t consult you and is making decisions about where your child goes to school and what doctors the child sees (and, this is how the real world works), what are you going to do? Your only option is to shell out huge bucks to a custody lawyer, and, you have to wonder if it’s worth it.

See, if mom doesn’t cooperate with these basic things, it really does make things quite difficult.

So, returning to the original point, don’t get too hung up in this custody terminology. A good attorney can lose the courtroom attempt at physical custody and end up getting dad more time via visitation than if he had actually won joint physical custody!

Visitation Defined

When there is shared physical custody, visitation is the time a child spends with each parent. When one parent has sole physical custody, visitation is the time the noncustodial parent spends with the child. That’s pretty straightforward.

Many fathers, including myself, dislike the actual term visitation. It’s not really productive to get too hung up on this point, but, I just don’t like the idea that I’m visiting my daughter: it suggests that either she or I is a guest, and we’re not guests; she is my blood, I love her, when we’re together, it’s not a visit. Because of these feelings which, as mentioned, many fathers share; visitation is also called time-sharing or access.

As indicated, though, to me it ultimately doesn’t matter what term is used. Time is time, and my time with my daughter is precious. For the sake of these essays, I will use the popular term visitation.

Another important point is that visitation is a type of custody. When your son or daughter is with you, she is in your care and custody.

If you go to trial and lose your attempt for residential custody, you get visitation. I will reiterate again that it’s possible to achieve more time with your child with a well-negotiated visitation schedule than shared physical custody. Please consider that point because it could end up being a very, very important strategy in your life with a very real and beautiful outcome for you and your child.

Important Visitation Facts

Visitation (and all custody issues in general) is, of course, a very complicated topic, and there’s an awful lot to be said about it. Do not consider the following list to be exhaustive. It is, however, a good starting to point, and, I think it will be helpful to people who are just learning about various visitation and custody issues.

There is a relationship between visitation time and child support. When your child is in your custody, you are obviously paying for all of her expenses. When the child’s with mom, you pay indirectly. In brief, the more time the child spends with mom, the higher you can expect your child support calculation to be… This, I believe, is another reason why some moms may try to minimize dad’s time with the child..
When mom tries to force dad to pay his child support by withholding access to their child from him, she is breaking the law. This tactic does not work.
When dealing with a difficult mom, dad can (and should!) petition the court to set-up his court ordered visitation. The legal system smiles upon the child having frequent contact with both parents except in cases where there is evidence that one of the parents poses a danger to the child. Thus, the courts nearly always advocate visitation.
In some cases, it’s necessary to first prove your fatherhood before achieving visitation. An easy way to accomplish this is by signing an affidavit of paternity. If paternity is agreed upon, dad and mom can cooperate and create a visitation schedule. If mom doesn’t cooperate, encourage her to go to mediation with you. If that doesn’t appeal to her, you’ll have to go to family court. Be prepared when going to court and have a possible visitation schedule ready.
As long as you behave in a responsible manner, you have the right to parent your child in the way that you feel promotes your child’s best interest. Do not forget this! Mom may try to bully you and try to make you feel that you don’t measure up as a parent. Pay no attention...
When your child is with you, you can go where you want and do as you please and visit whom you like free from mom’s nonsense and interference. This is a legal right! You can take your child to the church, synagogue, or mosque of your selection.

Visitation Schedules

Use the question box above to contact a family law attorney who can answer your legal questions at a cheap price. By consulting with a lawyer, you can be certain of your options.

In some situations, mom and dad can still work together, and, that’s a wonderful thing. They can make visitation and custody agreements on their own and simply agree that dad has reasonable or liberal visitation. Unfortunately, some moms may be bitter and angry or jealous.

This is the fight of a father who insists upon his rights. This is what father’s rights is really about: you want to see your child as much as possible and be a real influence in his or her life! Right, it’s really not that complicated…

VARIETIES OF VISITATION

Alternating Weekends: Visitation can go a lot of different ways, and, it’s important that you carefully think through your proposal. A very standard type of weekly visitation is alternating weekends: generally from Friday 5 PM until Sunday 7 PM with Wednesday every week from 4 PM to 8 PM.

Week On / Week Off: In this arrangement, each parent gets the child on alternating weeks from 6 PM Sunday until 6 PM Sunday. During the week that the parent is noncustodial, he or she gets the child on Wednesday until 7 PM. This equal time arrangement also comes in a number of varieties in which the time is ultimately split up evenly.

School Year / Summer Break While the school year is in progress, the children live with mom and dad has the every other weekend and Wednesday deal. During summer break, the child or children live mostly with dad and mom has the every other weekend and Wednesday time-sharing arrangement.

Summer Visitation

Summer visitation is an important topic, and, you should give this some real thought. It’s about a ten week period, and, you want to get as much time of that as possible, because, the school schedule is no obstacle in your time with your child.

Holidays and Events

Holidays are generally alternated between the parents, and, this is something you should include in your motion!

Graduated Visitation

Graduated visitation is when the duration of your visitation increases over time. This is used when dad needs to establish a relationship with the child. One way this happens (as it did to me) is when dear old mom does everything she can to keep your child from you.

When Mom And Dad Can Cooperate

As mentioned repeatedly, the best and most desirable situation is one in which mom and dad can agree on custody issues and visitation schedules. Pray that you will have this situation! Any type of agreement that you and the mother create will almost always be approved by the court.

Use the question box above to contact a family law attorney who can answer your legal questions at a cheap price. By consulting with a lawyer, you can be certain of your options.

Important Point About Visitation

There is no standard visitation schedule. Don’t let anyone make you believe that “every other weekend” is the way it has to be! And, when you are writing your visitation proposal, work closely with a good attorney you trust, and, be thorough. Take your time and do a lot of research. I’m glad that you’re reading the information on this site, as, I humbly believe it’s a fine place to start. But, don’t stop here. Research in the library! Look at different visitation schedules. Use the question box at the top of the page to ask a lawyer a question for cheap.

Visitation Rights Checklist

As prior mentioned, the visitation demands in your motion are just so incredibly important. You can be involved in disputes with the mother of your child and children, and, when it comes down to it, the only thing that you can really appeal to is the points detailed in the motion. Believe me. I’ve been in this situation. I’ve been in the police station with cops reading over the motion points. You want to get it right.

Visitation Rights Checklist

Regular telephone conversations with your child. Also, try to get the times explicitly stated in your motion.
Uncensored and unopened mail for your child to receive.
Complete access to all of your child’s school records.
Complete access to your child’s doctors and all medical records. This is very important for several reasons! To begin, of course you want to know that your son or daughter is healthy and fine. In addition, mom can try to use illness as a tactic to frustrate your visitation.
No insulting remarks or name-calling is permitted in the presence of your child. Also very important. I have been called scumbag and other beautiful things in front of my daughter, and, it makes for a pretty unhappy situation.
Contact numbers if the parent leaves the state with the child.
This isn't an exhaustive list...just some info to get you started...

Child Support

Use the question box above to contact a family law attorney who can answer your legal questions at a cheap price. By consulting with a lawyer, you can be certain of your options.

Whether by biology or legal definition, as a father, you are required by law to provide financial support for your child or children. This, of course, makes sense. A man should take care of his children. It goes without say.

Both mother and father are required to support the child. The law assumes that the custodial parent (the one who has the child most of the time) pays child support via paying for daily child expenses: food, clothing, housing, education, day care, etc.

The other parent (known as the noncustodial parent) pays a determined monthly child support to the custodial parent.

A parent, or anyone who has custody of the child, can ask the court for a child support order. In most cases, the noncustodial parent is ordered by the court to pay the custodial parent a monthly sum: this can be paid monthly, twice a month, every week, or every two weeks, depending upon the employment circumstances.

It’s within the court’s power to issue an earnings withholding order. This compels your employer to deduct child support from your paycheck. The court can also decide that the noncustodial parent pays mortgages, utilities, or other expenses in lieu of a monthly child support payment. Generally, though, child support is a fixed amount each month.

The amount of time the child lives with each parent is a factor when monthly child support is calculated.

It is quite common for fathers to object that the mother is not using the child support for the children. I’ve raised this objection myself a number of times. And, sadly, it’s often the case. The court, though, is unlikely to demand the mother explain the money usage as long as the needs of the child are met.

Calculating Child Support

In 1975, Congress created the Office of Child Support Enforcement: a government agency within the Department of Health and Human Services. Its function was to both enforce child support and establish child support obligations.

Congress, in 1988, made mandatory child support guidelines. In addition, states were required to adopt these guidelines. The states responded by choosing different methods for calculating child support.

Child Support Determination Models

There are three different child support determination models: income shares, percentage of income, and Melson.

I. Income Shares Model

Most states use the income shares model. The premise is that the termination of the parent’s cohabitation should not financially harm the children. The child support amount is determined by a formula: the variables are the relative and combined income of the parents; number of children; and the time each parent spends with the children.

A subtle thing to note is that depending on the state, income may be based upon gross income, adjusted gross income, or net income.

These are the specific steps for how child support is calculated using the income shares model:

Each parent’s gross income is determined. Gross income is defined as the sum of every income source: self-employment, wages, dividends, interest, rent, gifts, inheritance, capital gains, etc. If the father is voluntarily underemployed or unemployed, an income can be imputed to him.
Depending on your state, specific deductions will be subtracted from your gross income. This could possibly include alimony, child support for other children, and health insurance premiums.
The two incomes are added together: this is the combined income.
Your state’s statutory table will be consulted. Referenced will be your combined income, number of children, and the needs of the children.
A percentage is calculated for each share of the parent’s combined income.
To determine the child support obligation, each parent’s percentage is multiplied by the amount from the chart.
Adjustments are made for day care and special circumstances. Some of the other adjustment factors include shared visitation, custody, heath insurance, medical expenses, new children, second families, and extraordinary expenses for the children.

The following states use the Income Shares Model:

Alabama
Arizona
Colorado
Connecticut
District of Columbia
Florida
Idaho
Indiana
Kansas
Kentucky
Louisiana
Maine
Maryland
Michigan
Missouri
Montana
Nebraska
New Hampshire
New Jersey
New Mexico
New York
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Utah
Vermont
Virginia
Washington
Wyoming

2. Percentage Of Income Model

This is the second most popular model. Child support is calculated based upon, simply, a fixed percentage of the noncustodial parent’s income.

The following states use the Percentage Of Income Model:

Alaska
Georgia
Illinois
Mississippi
North Carolina
North Dakota
Tennessee
Wisconsin

3. Melson Model

The Melson model allows a basic needs subsistence level for each parent. In addition, a child’s basic needs subsistence amount is allowed. The Melson model starts at 15% for the first child. There is also a possibility of a standard of living allowance for the child or children.

The Melson model always struck me as complicated. It is only used by Delaware, Hawaii, West Virginia, and Minnesota. if you live in one of those states, your father’s rights attorney can explain the Melson model to you in greater detail. Attorneys actually consider it to be quite simple.

The main thing that really matters at this point is that you’re aware (and have a basic understanding) of the three child support models: income shares, percentage of income, and Melson; you can determine which one pertains to you based upon the charts listed above.

Use the question box above to contact a family law attorney who can answer your legal questions at a cheap price. By consulting with a lawyer, you can be certain of your options.

Other Factors Which Influence Child Support

Remarriage: It is natural and common for parents to remarry and have more children. This is a tempting scenario, because, a father may decide that he’d like another chance to successfully establish a two parent home. It likely bothers the father that his child doesn’t have her two natural parents present every day. I know it bothers me. If I could find the right woman for me, I’d love to start a family together.

In the real world, of course, things can get quite complicated. Should your child support change when you move on with your life? After all, you have a new family to whom you are responsible. You have new expenses. How is this handled? The truth is that it varies from state to state. You will need to consult with your attorney on this issue.

Visitation Schedule: In some states, it is permissible for the judge to use a formula in which the child support fluctuates depending upon how much time the child spends with each parent during the year. In such states, an extra visitation night or holiday or summer visitation period can have a great bearing on child support.

Day Care: States have day care and child care quite differently. Again, this is an issue which your attorney will help you with. But, again, don’t rely on your attorney exclusively. Take it upon yourself to do some of your own research. You will be glad you did!

Health Care: Health care is also an expense that varies from state to state.

Education: A common conflict involves the child’s attendance or possible attendance at a private school. In some states this will be incorporated into the child support calculation. In other states it will not.

That concludes the overview of how child support is calculated. A good lawyer will walk you through this issue and help you understand. Let’s next take a look at how child support payments get modified or terminated.

Also, here are the child support laws for every state in America as of 2004. That is not intended to be a final word, definitive guide. It, like the rest of this website, is considered to be a responsible starting point in researching your case. Please, you absolutely must understand that a great deal of research is necessary in fighting for your child’s best interest. We are not the final word over here. I collected all the info together in one spot because I couldn’t find it all in one spot anywhere else on the web. But, understand the law is so damn tricky and please proceed carefully.

Child Support Modification

Use the question box above to contact a family law attorney who can answer your legal questions at a cheap price. By consulting with a lawyer, you can be certain of your options.

There is a federal law which states past child support can never be modified; however, it is important for fathers to know that future child support is always subject to the court’s power to change it. Some states demand that a certain time interval passes before the court may be petitioned for modification (generally two years). Other states need there to be a material change in circumstances. Examples of material change of circumstance include a parent’s income decreasing, the custodial parent moving to a cheaper area, etc.

In order for your child support to change, the court must be petitioned. This is the only way.

Child Support Termination

Child support is in effect until emancipation, death, or termination of parental rights. Let’s take a closer look at each of these terms.

1. Emancipation: the child is usually emancipated when she reaches the age of eighteen. Again, each state sets this age limit (age of majority.) If the child has a disability, the age of emancipation can be set back further. In most states, emancipation will extend past eighteen if the child is remains a full-time high school student. The child support, in that case, remains until either graduation or the child’s nineteenth birthday.

In some states, you will be responsible for college money.

Emancipation Events: When a minor gets married, he or she has committed to an emancipating event, and child support is terminated. If a minor child enlists in the armed services, he or she is emancipated. If, somehow, a minor becomes self-supporting, child support is also terminated.

2. Death: A child’s death, God forbid, ends child support. On the other hand, if the father dies, his estate is liable for all past-due child support. In addition, legal action can be undertaken to extract future child support from the estate. If the mother dies, the father will usually become the child’s guardian and pay all child expenses directly.

3. Termination of Parental Rights: Should a stepparent adopt your child, child support ends. If the court orders that you no longer have parental rights, your child support obligation ends.

***Inability To Pay: Suppose you suffer some accidental injury or get laid off from your job… in cases such as those, your child support does not terminate. The child support debt will build until you get a court order to modify your obligation.

What happens when a mother or father avoids paying child support?

Trouble. Stay on top of the child support issue dads. From my experience, and, this is highly opinionated… but, it seems to be the primary concern of the family court system.

Child Support Age Of Termination

Use the question box above to contact a family law attorney who can answer your legal questions at a cheap price. By consulting with a lawyer, you can be certain of your options.

For the reference of fathers, here is a state-by-state list of both the age at which you are no longer, by law, required to pay child support; and, whether you are legally obliged to pay for college expenses.

I know we’re good dads, and, we don’t need the law to tell us to support our children. I include this list because fathers are always best served by understanding exactly how the laws rule on all issues affecting them and their children.

Alabama

Age

College: Court may order parents to pay for college.
Ex Parte Bayliss, 550 So. 2d 1038 (1989); Alabama Code Sec. 30-3-1.

Alaska

Age

College:No requirement to pay for college.
H.P.A v. S.C.A., 704 P.2d 205 (Alaska 1985).

Arizona

Age

College: No requirement to pay for college.
Solomon v. Findley, 167 Ariz. 409, 808 P.2d 294 (1991).

Arkansas

Age

College: No requirement to pay for college.
Towery v. Towery, 285 Ark. 113, 685 S.W.2d 155 (1985).

California

Age

College: No requirement to pay for college.

Colorado

Age

College: Court may order parents to pay for college.
Colorado Revised Statutes Sec. 14-10-155(1.5)(b); In re marriage of Robb; 934 P.2d 927 (Col.Ct. App. 1997).

Connecticut

Age

College: No requirement to pay for college.
Cariseo v. Cariseo, 190 Conn. 141, 459 A.2 523 (1983)

Deleware

Age

College: No requirement to pay for college.

District of Columbia

Age

College: No requirement to pay for college.

Florida

Age

College

Georgia

Age

College: The court may order parents to pay college until age 20.
Georgia Code Annotated Sec. 19-6-15(e).

Hawaii

Age

College: The court may order parents to pay for college to age 23.
Hawaii Revised Statutes Sec. 580-47.

Idaho

Age

College: No requirement to pay for college.

Illinois

Age

College: The court may order parents to pay for college.
750 ILCS 5/51.

Indiana

Age

College: Order may include amounts for college expenses.
Indiana Code Sec. 31-16-6-2.

Iowa

Age

College: No requirement to pay for college.

Kansas

Age

College: No requirement to pay for college.

Kentucky

Age

College: No requirement to pay for college.

Louisiana

Age

College: No requirement to pay for college.

Maine

Age

College: No requirement to pay for college.

Maryland

Age

College: No requirement to pay for college.

Massachusetts

Age

College: College expenses are part of support.

Michigan

Age

College: NO requirement to pay for college.

Minnesota

Age

College: No requirement to pay for college.

Mississippi

Age

College: The court may order parents to pay college expenses to age 21.
Stoves v. Martin, 596 So.2d 879 (Miss. 1992)

Missouri

Age

College: If child is in institution of higher learning, then child support will be extended to 22 or graduation, whichever is first.

Montana

Age

College: No requirement to pay for college

Nebraska

Age

College: No requirement to pay for college costs, but parents agreements will be enforced.
Zetterman v. Zetterman, 245 Neb. 255, 512 N.W.2d 622 (1994).

Nevada

Age

College: No requirement to pay for college.

New Hampshire

Age

College: Court may order parents of adult children to pay for college in appropriate circumstances.
Gnirk v. Gnirk, 134 N.H. 199, 589 A.2d 1008 (1991).

New Jersey

Age

College: Court may order parents to pay for college even though the child has reached the age of majority.
Newburgh v. Newburgh, 88 N.J. 529, 443 A.2d 1031 (1982).

New Mexico

Age

College: No requirement to pay for college.

New York

Age

College: Court may order parents to pay for college, private school or special enriched education. Court may not, however, order a parent to pay for college after 21.
Setford v. Cavanaugh, 175 A.D.2d 665, 572 N.Y.S2d 591 (1991).

North Carolina

Age

College: No requirement to pay for college.

North Dakota

Age

College: Court may order parents to pay for college.
North Dakota Century Code Sec. 14-09-08; Johnson v. Johnson, 527 N.W2d 663 (N.D. 1995).

Ohio

Age

College: Court can order parents to pay for college beyond the age of majority.
Ohio Code Sec. 3103.03.

Oklahoma

Age

College: No requirement to pay for college.

Oregon

Age

College: No requirement to pay for college.

Oregon

Age

College: Court can order parents to pay for college to 21.
Oregon Revised Statutes Sec. 107.108; Crocker and Crocker, 332 Or. 42,22 P.3d 759 (2001).

Pennsylvania

Age

College: No requirement to pay for college, but court will enforce agreement of the parties.
Curtis vs. Kline, 542 Pa. 249, 666 A.2d 265 (1995).

Rhode Island

Age

College: No requirement to pay for college.

South Carolina

Age

College: Court may order parents to pay for college.
Risinger v. Risinger, 273 S.C. 36, 253 S.E.2d 652 (1979); West v. West, 309 S.C. 28, 419 S.E.2d 804 (Ct. App. 1992).

South Dakota

Age

College: No requirement to pay for college.

Tennessee

Age

College: No requirement to pay for college.

Texas

Age

College: No requirement to pay for college.

Utah

Age

College: The court may order parents to pay for college to age 21.
Utah Code Sec. 15-2-1.

Vermont

Age

College: No requirement to pay for college.

Virginia

Age

College: No requirement to pay for college.

Washington

Age

College: The court may, in its discretion, order parents to pay for college according to certain factors.
Washington Revised Code Sec. 26.19.090.

West Virginia

Age

College: No requirement to pay for college.

Wisconsin

Age

College: No requirement to pay for college.

Wyoming

Age

College: No requirement to pay for college.

Alternatives To Trial

Use the question box above to contact a family law attorney who can answer your legal questions at a cheap price. By consulting with a lawyer, you can be certain of your options.

If you are able to avoid trial, you should definitely do so!

The key in that statement is the “if you are able” part. In other words, if the mother is capable enough of cooperating to facilitate a wonderful relationship between you and your child, then, sure, there’s no need for a judge. After all, the whole judge and attorney deal can easily run into many thousands of dollars that could be much better served being spent on your child.

Alternatives To Trial

Work With Mom

I love this option, and, I wish we were capable of doing this. Sadly, at least up until this point, we have not had any success. When I’ve brought up different child-rearing issues, mom’s favorite thing to say is “You’re threatening me,” or, “I don’t like your tone.”

But, if you and mom can get along, it is certainly preferable to sit down with her and settle your issues through peaceful conversation. And… you know, adults should be able to do that!

Before getting together, write down your objectives, and understand which objectives you consider most important.

When getting together with mom, it’s a good idea to allot a reasonable time period to talk. And, it’s good to be in a place free from interruptions (including your child or children.)

It’s also recommended that you both have agreed upon an agenda for what specific issues you will be discussing.

Remember, no matter how big of a troublemaker you’re dealing with, there probably are at least a couple of things about which you agree. If you reach an impasse, just move the discussion to a different issue and return to the difficult point later. If tempers start rising, simply reschedule your meeting for another time.

Should you and mom make some progress, what you want to do is make some notes which you both sign. Some recommend that you have a lawyer examine anything before you sign it. That is for you to determine.

Parenting Coordinator

A parenting coordinator can be a great solution for some couples: particularly those who constantly disagree over smaller details. After all, it is quite expensive and time-consuming to consistently need a judge to rule on these little fights.

Technically, anyone willing can be the parenting coordinator, but, generally, you’re all going to be best served by choosing a good social worker or therapist who isn’t related to any of the parties. A parenting coordinator often charges around $125 an hour, so, this can be a way to reach a compromise without bankrupting yourselves.

Mediaiton

Mediators can be psychologists, psychiatrists, lawyers, priests, rabbis, or anyone else who has sufficient training. It is important to understand that a mediator does not represent either side. The mediator helps to guide and control discussions, while making suggestions, explaining the law, and helping to bring about a resolution.

Mediation has a wonderful success rate (some place it at 85%). Mediators, typically, may charge around $200 an hour, and, this sum can be split even between mom and dad. If one meeting doesn’t resolve the dispute, further meetings can be scheduled.

It’s not necessary for you to agree with the mediator’s views. You can always take your case to the judge. Bear this in mind.

Parenting Plans

If you’re dealing with a reasonable mom, believe me, you would much rather work out a parenting plan with her rather than going to court. You see, since you and mom will be creating the plan, you can get into much more relevant and specific detail than a judge is capable of doing. The topics of the parenting plan, basically, are the same stuff that would get hit in a custody trial: custody, child support, and visitation.

It is recommended that the following points are covered in your parenting plan.

*Legal and physical custody of the child.
*Where mom and dad live (and if either has intentions of moving).
*Who will babysit and who will pay for this service.
*Who will be the child’s doctors.
*Which school will the child attend.
*How will the holidays be divided and how will the summer visitation schedule be set.
*How will medical expenses be paid.
*Child’s religion.
*Decisions about child’s education, doctors, activities.
*Access to school and medical records.
*Telephone and email visits. (this is very important… do not overlook this!)
*Child support.
*Transfer details of child from one home to the other.

Collaborative Law

In the collaborative law alternative, mom and dad each hire a lawyer to be an advocate: the goal is to compromise and settle so as to avoid trial. Both collaborative lawyers agree that if the case doesn’t settle, and, therefore goes to trail, both lawyers must withdraw from the case.

Attorney Negotiations

In these negotiations through attorneys, mom and dad each hire counsel. The lawyers basically write back and forth to each other and try to work out an agreement. I’ve read some having good experience with this method. I did not. It was a nightmare for me...

Arbitration

In arbitration, mom and dad submit their dispute to a third party who will make a decision. The arbitrator can be a lawyer, mediator, retired judge or anyone else whom mom and dad agree upon. Arbitration can be quite fast, and, when the other methods don’t work, give it a try.

Legal Malpractice Basics

Use the question box above to contact a family law attorney who can answer your legal questions at a cheap price. By consulting with a lawyer, you can be certain of your options.

Statistics cited at the Lawyers Professional Liability Loss Control Seminar indicated that a malpractice claim is made against one of every fifteen lawyers. Does that strike you as high? It does me. And, based upon my very personal experiences, it also strikes me as thoroughly believable. And, what’s even more disturbing is that this statistic only indicates the clients who had the courage to file against their attorneys. Imagine the number of people, like myself, who have had a bad experience with a lawyer; but, who, like me, didn’t file because they were either intimidated by the process or didn’t have the time… or both.

The American Bar Association (ABA) established the National Legal Malpractice Data Center. The NLMDC studied 30,000 legal malpractice claims that were reported between January 1996 and September 1999. The information which follows resulted from this study. So, it should be pretty solid information I would think….

The first finding was that nearly 80% of the claims were filed against small law firms: five or fewer lawyers. Does this mean small law firms tend to do poorer work … or that clients may be more intimidated to sue the big powerhouses?
Nearly 65% of the claims examined were against lawyers who had been practicing for over ten years. I find this point particularly interesting. I always used to presume that one was best off with a lawyer who had a lot of experience. However, this statistic did inspire my speculation. Perhaps these more experienced lawyers had gotten complacent… or just generally sort of dulled by the routine. Or, perhaps just arrogant and careless because they had been practicing so long without incident. Or, perhaps the younger attorneys just tend to be hungrier and more aggressive. Or, perhaps a combination of these things. Who’s to say? But, it is interesting.

Now, it is also important to remember that there are many different legal specialties. Of the malpractice claims that the Data Center examined, this is how they break down statistically via legal niche.

Personal Injury (plaintiff): 24.6%
Real Estate: 16.97%
Family: 10.13%
Estate: 8.7%
Corporate and Business Organization : 8.6%
Collection and Bankruptcy: 8%
Criminal: 4%
Personal Injury (defendant): 4%
Other: 15%

As you can see, family law is third most prevalent on the list. Okay, so now we are starting to get a glimpse of the game we’re entering! Moving right along… you may be wondering what these malpractice claims were all about. Well, according to the Data Center, they could be classified like this:

Substantive Errors: 56.2%
Administrative Errors: 16.4%
Client Relations Errors: 18.7%
Intentional Wrongs: 8.5%

Okay, so what do these error categories mean? How do they break down?

Substantive Errors

A substantive error is a mistake made in the actual practicing of the law. Take a look at the statistical chart below for a better idea:

Failure to Know Law or Properly Apply Law: 21.9%
Inadequate Investigation: 6.1%
Planning Error: 3.2%
Failure To Know Deadlines: 15.2%
Record Search Error: 2.65%
Conflicts of Interest: 5.12%
Tax Consequences: 1.57%
Math Error: 0.48%

Administrative Errors

Failure to Calendar
Procrastination
Failure to File
Failure to React to Calendar
Clerical Error
Lost File

Client Relations Errors

The relationship between client and lawyer should be considered sacred. Both should have great respect for each other. Your attorney is legally required to obtain your consent and follow your instructions (within bounds, of course.) Here are the most common client relations errors.

Failure to Obtain Client Consent: 11.89%
Failure to Follow Instructions: 3.93%
Improper Withdrawal: 2.93%

Intentional Wrongs

Intentional wrongs may be criminal. They can result in censure and possibly disbarment.

Malicious Prosecutions: 4.2%
Fraud: 4.2%
Libel: 1.5%
Civil Rights (abuse or violation): 1.7%

Okay, let that serve as just a little introduction of a primer to a bit about legal malpractice…

Federal And Uniform Laws

The law is a very tricky thing, and, being smart isn’t enough when it comes to understanding how the courts work.

In many cases, there is nothing intuitive about the rules, and, it’s really just a question of rote memorization.

That having been said… for our own enlightenment, let’s take a look at some of the major federal and uniform laws.

1. Child Support: A lot of child support conflicts involve parents who live in different states.

2. Health Insurance: Obviously your child needs medical care.

3. School Records: You had better keep up with how your child is doing in school.

4. Child Snatching: Let’s suppose mom grabs your child and moves across the country. Believe me… it has happened before. What do you do?

5. Gay Dads: Our society is rife with various discrimination and prejudice. How do gay fathers get treated by the law?

6. Physically Or Mentally Impaired Dads: People aren’t perfect. That’s just the nature of things.

7. Military Dads: Regardless of your political stance, fathers in the military should have certain rights… right?

Federal And Uniform Child Support Laws

It’s important (and maybe a little surprising) to recognize that about 1/3 of contested child support disputes involve parents living in different states. Prior to 1950 legislation–Uniform Reciprocal Enforcement of Support Act (URESA), if a mother sought child support she had to go to the father’s state to file.

With passage of URESA, either parent may file in his or her home state (which is known as the initiating state.) The order is sent to the state where the other parent (payor) resides (responding state.)

Some changes were made, in 1968, to URESA and the new legislation was called the Revised Uniform Reciprocal Enforcement of Support Act (RURESA.) Problems, though, occurred with interpreting both of these acts: thus the creation of the Uniform Interstate Family Support Act UIFSA, which over half of the states have adopted.

What UIFSA does is give continuing exclusive jurisdiction to the first state which issues the child support order; however, it’s necessary that the child or one of the parties lives in that state. No other state can change the original child support order.

Health Insurance: Federal And Uniform Laws

It is at the discretion of either parent to ask the judge for a Qualified Medical Child Support Order: this legislation amended the ERISA provisions and ensured a child’s right to enjoy the health benefits of his or her parent’s group health insurance plan.

A QMCSO permits either the child or custodian to directly work with the insurance company.

There are necessary conditions that must first be met for the child to qualify.

A health coverage provision for the child of the parent enrolled in the group plan
Name and mailing address of participant
Description of coverage
Time period which the order is in effect

School Records: Federal And Uniform Laws

The Family Educational and Privacy Act–also known as FEPA (Title 20, United States Code, Section 1232(g) (20USC Sec. 1232(g)))–gives parents the legal right to view the educational records of their children from schools which receive federal funds.

Child Snatching: Federal And Uniform Laws

Parental Kidnapping Prevention Act

PKPA (28 USC Sec. 1738A) is a federal law that guides states about resolution procedure for custody conflicts that involve different states. PKPA uses the terminology home state to designate where the child lives. It is the home state which maintains exclusive jurisdiction over custody: for as long as the child or one of the parents remains in that “home state.” Other states cannot attempt to alter the original custody order.

If the litigants want the custody order modified, they must return to the home state.

There is other legislation to lessen the chaos of multiple-state-custody conflicts. The Uniform Child Custody Jurisdiction Act (UCCJA), which ever state has adopted, sets custody jurisdiction in the home state: defined as where the child has lived for the past six months or where exists other strong relationships with the child and her family. Another aspect of UCCJA is its encouragement for different-state courts to speak with each other in these type of interstate custody disputes.

There were problems, though, with the practical application of UCCJA: what happened was it ultimately allowed for multiple states to claim jurisdiction.

Thus, the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) cleaned up the original legislation. At this time, most states have adopted it. What UCCJEA does is give the home state highest priority in determining initial custody jurisdiction. Unfortunately, it removes best interests of the child as custody jurisdiction’s basis.

Other Important Federal Laws

The Violence Against Women Act (VAWA):

VAWA (18 USC Sec. 2266) has nothing to do with custody jurisdiction. What is does is enforce protective orders from other states.

The Indian Child Welfare Act (ICWA):

ICWA is another federal law which addresses Indian children who live on reservations. In certain custody proceedings, ICWA recognized tribal jurisdiction (which only seems fair and appropriate.)

For ICWA to be in effect, the child must live on a reservation and be either an Indian tribe member or eligible for membership. ICWA concerns adoptions and parental rights terminations (not divorce custody awards.)

Hague Convention of Civil Aspects of International Child Abduction:

What happens if mom leaves the country with the children?

Thankfully, the United States and other countries have signed the Hague Convention of Civil Aspects of International Child Abduction (which applies to children under 16). The Hague Convention sets guidelines for settling international custody conflicts: the child is to be returned to his or her country (without an initial best interest determination.) Best interests and other issues will be resolved in the child’s native country.

If your child is abducted to a different country, do not hesitate to contact your attorney and file a Hague petition with the United States State Department. The International Child Abduction Remedies Act (ICARA) (42 USC Secs. 11601-11610) forces the State Department to become the authority to interact with other governments.

Be warned, though, it isn’t unusual for these type of cases to be treated very inefficiently in other country’s courts.

Another option, if your child is under 16 and abducted to another country, is to file a criminal complaint with the United States Justice Department under the protection of the International Parental Kidnapping Crime Act (IPKCA) (18 USC Sec. 1204).

Gay Dads: Federal And Uniform Laws

When you bring up the subject of homosexuality, you’re probably going to get involved in a controversial discussion. Regardless of your views on homosexuality, the fact remains that homosexual males do have children sometimes, and, as fathers they are entitled to their rights!

Unfortunately, there is a lot of bigotry concerning homosexuality, and, as a result, homosexual fathers don’t always get a fair shake in court. In theory, of course, gay dads are supposed to not be discriminated against; they are supposed to enjoy the same equal protection under the law. As noted, though, we aren’t living in an ideal world, and, there are judges who will hold this against the dad. Just as, I’m sure, there are judges these days who will hold it against you if you’re Middle Eastern.

Friends, we’ve got to keep it real, and, judges are people, and, people aren’t perfect.

States have different laws concerning things like civil unions, and, when it comes to a gay father’s treatment in the court room… well, in theory, they should be treated fairly just like any other father (holding back bitter laughter as I type this.)

Mentally Impaired Or Physically Imapaired Dads: Federal And Uniform Laws

Should mentally of physically impaired fathers be given custody of children?

Or, should they just get a little visit every two weeks?

Well, the mental and physical condition of a father should only be relevant in a custody decision if it affects the man’s ability to parent.

Military Dads: Federal And Uniform Laws

Regardless of your feelings towards war and the military, it wouldn’t seem fair if a father who’s overseas in uniform suffered legally for being there.

That’s why there’s The Soldiers’ and Sailors’ Civil Relief Act (50 USC Secs. 501-591) which temporarily suspends enforcement of civil actions against active duty members of the military. This is something very helpful to dads in the military who are in conflict with the mothers of their children.

It’s important to note that the suspending of civil actions is not automatic. The court may halt on its own or the military dad may need to request the stay.

State Child Custody Factors

Child custody factors vary from state to state.

Every state determines custody based on best interests of the children; however, most states have determined a list of factors which the court must consider when making its decision.

Alabama Child Custody Factors

Agreement or lack of agreement of the parents on joint custody.
Past and present ability of the parents to cooperate with each other and make decisions jointly.
Ability of the parents to encourage sharing of love, affection, and contact between the child and the other parent.
History of, or potential for, child abuse, spouse abuse, or kidnapping.
Geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody.

Alabama Code Sec. 30-3-152

Alaska Child Custody Factors

Physical, emotional, mental, religious, and social needs of the child.
Capability and desire of each parent to meet these needs.
Child’s preference if the child is of sufficient age and capacity to form such preference.
Love and affection existing between the child and each parent.
The length of time the child has lived in a stable, satisfactory environment and teh desirability of maintaining continuity.
Desire and ability of each parent to allow an open and loving frequent relationship between the child and other parent.
Domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents.

Substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child.

Other factors taht the court considers pertinent.
The court may consider only those facts that directly affect the well-being of the child.

Alaska Statutes Sec. 25.34.150(c)

Arizona Child Custody Factors

Wishes of the child’s parent or parents as to custody.
Wishes of the child as to the custodian.
Interaction and interrelationship of the child with parent or parents, siblings, and any other person who may significantly affect the child’s best interest.
Child’s adjustment to home, school, and community.
Mental and physical health of all individuals involved.
Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent.
Whether one parent, both parents or neither parent has provided primary care of the child
Nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.
Whether a parent has complied with chapter 3, article 5 of this title.
Whether either parent was convicted of an act of false reporting of child abuse or neglect.

Arizona Revised States Sec 25-403

Arkansas Child Custody Factors

The court shall determine custody in accordance with the best interests of the child.

Arkansas Code Sec. 9-13 101.

Connecticut Child Custody Factors

Best interests of the child

Connecticut General Statutes Sec. 46b-56

Delaware Child Custody Factors

Wishes of the child’s parent or parents as to his or her custody and residential arrangements.
Wishes of the child as to his or her custodian(s) and residential arrangements.
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 significantly affect the child’s best intersts.
Child’s adjustment to his or her home, school and community.
Mental and physical health of all individuals involved.
Past and present compliance by both parents with their rights and responsibilities to their child.
Evidence of domestic violence
The Court shall not presume that a parent, because of his or her sex, is better qualified than the other parent to act as a joint or sole legal custodian for a child or as the child’s primary residential parent, nor shall it consider conduct of a proposed sole or joint custodian or primary residential parent that does not affect his or her relationship with the child.

Delaware Code tit. 13 Sec. 722.

California Child Custody Factors

Health, safety, and welfare of the child.
History of abuse by one parent or any other person seeking custody against (a) a child, (b) the other parent, or (c) a parent, current spouse, cohabitant, fiancee of, or one who is in a dating relationship with, the parent or person seeking custody.
Nature and amount of contact with both parents.
Drug or alcohol abuse.

California Family Code Sec. 3011

Colorado Child Custody Factors

Legal Custody (Decision Making):

Ability of the parties to cooperate and to make decisions jointly
Past pattern of involvement of the parties with the child that reflects a system of values, time commitment, and mutual support that would indicate an ability as mutual decision makers to provide a positive and nourishing relationship with the child.
Promotion of more frequent or continuing contact between the child and each of the parties.
Child abuse or neglect.
Spouse abuse.
The court shall not consider conduct of a party that does not affect that party’s relationship to the child.
The court shall not presume that any person is better able to serve the best interests of the child because of that person’s sex.
A parenting plan submitted by either party.

Physical Custody (Parenting Time):

Wishes of the child’s parents as to parenting time.
Wishes of the child if sh or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.
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.
Child’s adjustment to his or her home, school, and community.
Mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time.
Ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party.
Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support.
Physical proximity of the parties to ach other as this relates to the practical considerations of parenting time.
Child abuse or neglect.
Spouse abuse.
Ability of each party to place the needs of the child ahead of his or her own needs.

Colorado Revised Statutes Sec. 14-10-124

District of Columbia Child Custody Factors

Wishes of the child as to his or her custodian.
Wishes of the child’s parent or parents as to the child’s custody.
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.
Child’s adjustment to his or her home, school, and community.
Mental and physical health of all individuals involved.
Evidence of an intrafamily offense.
Capacity of the parents to communicate and reach shared decisions affecting the child’s welfare.
Willingness of the parents to share custody
Prior involvement of each parent in the child’s life.
Potential disruption of the child’s social and school life.
Geographic proximity of the parental homes as this relates to the practical considerations of the child’s residential schedule.
Demands of parental employment.
Age and number of children.
Sincerity of each parent’s request.
Parent’s ability to financially support a joint custody arrangement.
Impact on social welfare programs.
Benefit to the parents.

D.C. Code Sec. 16-914(3)

Florida Child Custody Factors

The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.
The love, affection, and other emotional ties existing between the parents and the child.
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 this state in lieu of medical 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 unity, of the existing or proposed custodial home.
The moral fitness of the parents.
The mental and physical health of the parents.
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 intelligence, understanding, and experience to express a preference.
The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding.
Evidence of domestic violence or child abuse.
Any other fact considered by the court to be relevant.

Florida Statutes Sec. 61-13(3)

Georgia Child Custody Factors

All the circumstances of the case, including the improvement of the health of the party seeking a change in custody provision.
What is for the best interest of the child or children and what will best promote their welfare and happiness.
Safety and well-being of the child and of the parent who is the victim of family violence
If the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child’s selection shall be controlling unless the parent so selected is determined not to be a fit and proper parent.
In all custody cases in which the child has reached the age of at least 11 but not 14 years, the court shall consider the desires and educational needs of the child, but the child’s selection shall not be controlling.
the court may order a psychological custody evaluation of the family or an independent medical evaluation.

Georgia Code Sec. 19-9-3

Hawaii Child Custody Factors

Child’s wishes as to custody, if of sufficient age and capacity to reason, so as to form an intelligent preference.
Court may require an investigation and report concerning the care, welfare, and custody of any minor child of the parties.
The court may hear the testimony of any person or expert, produced by any party or upon the court’s own motion, whose skill, insight, knowledge, or experience is such that the person’s or expert’s testimony is relevant to a just and reasonable determination of what is for the best physical, mental, moral, and spiritual well-being of the child.
Safety and well-being of the child an of the parent who is the victim of family violence.
Hawaii Code Sec. 571-46

Idaho Child Custody Factors

The court may award either joint physical custody or joint legal custody or both as between the parents or parties as the court determines is for the best interests of the minor child or children.

Idaho Code Sec. 32-717B

Illinois Child Custody Factors

Ability of the parents to cooperate effectively and consistently in matters that directly affect the joint parenting of the child.
Residential circumstances of each parent.
All other factors which may be relevant to the best interest of the child.

750 ILCS 5/602.1(c)

Indiana Child Custody Factors

Age and sex of the child.
Wishes of the child’s parent or parents.
Wishes of the child with more consideration given to the child’s wishes if the child is at least fourteen years of age.
Interaction and interrelationship of the child with (a) parent or parents, (b)siblings and (c) any other person who may significantly affect the child’s best interests.
Child’s adjustment to (a) home, (b) school and (c) community.
Mental and physical health of all individuals involved.
Pattern of domestic or family violence by either parent.
Evidence that the child has been cared for by a de facto custodian

Indiana Code Sec. 31 17-2-8

Iowa Child Custody Factors

Whether each parent would be a suitable custodian for the child.
Whether the psychological and emotional needs and development of the child will suffer due to lack of active contact with and attention from both parents.
Whether the parents can communicate with each other regarding the child’s needs.
Whether both parents have actively cared for the child before and since the separation.
Whether each parent can support the other parent’s relationship with the child.
Whether the custody arrangement is in accord with the child’s wishes or whether the child has strong opposition, taking into consideration the child’s age and maturity.
Whether one or both the parents agree or are opposed to joint custody.
Geographic proximity of the parents
Whether the safety of the child, other children, or the other parent will be jeopardized by the awarding of joint custody or by unsupervised or unrestricted visitation.
Whether a history of domestic abuse exists.

Iowa Code Sec. 598.41.3

Kansas Child Custody Factors

Length of time that the child has been under the actual care and control of any person other than a parent and the circumstances.
Desires of the parents as to custody or residence
Desires of the child as to custody or residence
Interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child’s best interests.
Child’s adjustment to the child’s home, school, and community.
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.
Spousal abuse.

Kansas Statutes Sec. 60-1610(3)(B)

Kentucky Child Custody Factors

Wishes of the parent or parents or any other custodian.
Wishes of the child as to his custodian.
Intereaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child’s best interests;
The child’s adjustment to his home, school, and community.
Mental and physical health of all individuals involved.
Information, records, and evidence of domestic violence.
Extent to which the child has been cared for, nurtured, and supported by any de facto custodian.
Intent of the parent or parents in placing the child with a de facto custodian.
Circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian.

Kentucky Revised Statutes Sec. 403.270

Louisiana Child Custody Factors

In a proceeding for divorce or thereafter, the court shall award custody of a child in accordance with the best interest of the child.
If the parents agree who is to have custody, the court shall award custody in accordance with their agreement unless the best interest of the child requires a different award.
In the absence of agreement, or if the agreement is not in the best interest of the child, the court shall award custody to the parents jointly; however, if custody in one parent is show by clear and convincing evidence to serve the best interest of the child, the court shall award custody to that parent.

Louisiana Civil Code Sec. 3, arts. 131, 132

Maine Child Custody Factors

The father and mother are the joint natural guardians of their minor children and are jointly entitled to the care, custody, control, services and earnings of their children.
Neither parent has any rights paramount to the rights of the other with reference to any matter affecting the children.

Maine Revised Statutes Sec. 19-A-1651

Maryland Child Custody Factors

Capacity of the parents to communicate and to reach shared decisions affecting the child’s welfare.
Willingness of the parents to share custody.
Fitness of the parents.
Relationship established between the child and each parent.
Preference of the child.
Potential disruption of the child’s social and school life.
Geographic proximity of parental homes.
Demands of parental employment.
Age and number of children.
Sincerity of parent’s request.
Financial status of the parents.
Impact on state and federal assistance.
Benefit to parents.
Any other factor or circumstance related to the issue.

Taylor v. Taylor, 306 MD. 290, 508 A.2d 964 (1986)

Massachusetts Child Custody Factors

The rights of the parents shall, in the absence of misconduct, be held to be equal.
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.
At the trial on the merits, if the issue of custody is contested and eitehr parts seeks shared legal or physical custody, the parties, jointly or individually, shall submit to the court at the trial a shared custody implementation plan setting forth the details of shared custody including, but not limited to, 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.

Massachusetts General Laws 208-31

Michigan Child Custody Factors

Love, affection, and other emotional ties existing between the parties involved and the child.
Capacity and disposition of the parties involved to ive the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
Capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care and other material needs.
Length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
Permanence, as a family unit, of the existing or proposed custodial home or homes.
Moral fitness of the parties involved.
Mental and physical health of the parties involved.
Home, school, and community record of the child.
Reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
Willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
Any other factor considered by the court to be relevant to a particular child custody dispute.

Michigan Compiled Laws Sec. 722.23(3)

Minnesota Child Custody Factors

Wishes of the child’s parent or parents as to custody.
Reasonable preference of the child, if the court deems the child to be of sufficient age to express preference.
Child’s primary caretaker.
Intimacy of the relationship between each parent and the child.
Interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child’s best interests.
Child’s adjustment to home, school, and community.
Length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
Permanence, as a family unit, of the existing or proposed custodial home.
Mental and physical health of all individuals involved; except that a disability, of a proposed custodial home.
Mental and physical health of all individuals involved; except that a disability, of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child.
Capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child’s culture and religion or creed, if any.
Child’s cultural background.
Effect on the child of the actions of an abuser, if related to domestic abuse that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent.
Disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child (except in cases of domestic abuse.)
The court man not use one factor to the exclusion of all others. The primary caretaker factor may not be used as a presumption in determining the best interests of the child. The court must make detailed findings on each of the factors and explain how the factors led to its conclusions and to the determination of the best interests of the child
The court shall not consider conduct of a proposed custodian that does not affect the custodian’s relationship to the child.
Evidence of false allegations of child abuse.

Additional factors for joint custody:

Ability of parents to cooperate in the rearing of their children.
Methods for resolving disputes regarding any major decision concerning the life of the child, and the parents’ willingness to use those methods.
Whether it would be detrimental to the child if one parent were to have sole authority over the child’s upbringing.
Whether domestic abuse has occurred between the parents.

Minnesota Statutes Sec. 518.17

Mississippi Child Custody Factors

Custody shall be awarded as follows according to the best interests of the child:

Upon a finding by the court that both of the parents of the child have abandoned or deserted such child or that both such parents are mentally, morally, or otherwise unfit to rear and train the child the court may award physical and legal custody to:
The person in whose home the child has been living in a wholesome and stable environment; or
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.
In making an order for custody to either parent or to both parents jointly, the court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order.
Joint custody may be awarded where irreconcilable differences is the ground for divorce, in the discretion of the court, upon application of both parents.
In other cases, joint custody may be awarded, in the discretion of the court, upon application of one or both parents.
There shall be a presumption that joint custody is in the best interest of a minor child where both parents have agreed to an award of joint custody.

Missouri Child Custody Factors

Wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties.
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.
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.
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 of any individuals involved. If the court finds that a pattern of domestic violence has occurred, and, if the court also finds that awarding custody to the abusive parent is in the best interest of the child, then the court shall enter written findings of fact and conclusions of law. Custody and visitation rights shall be ordered in a manner that best protects the child and the parent or other family or household member who is the victim of domestic violence from any further harm.
Intention of either parent to relocate the principal residence of the child.
Wishes of a child as to the child’s custodian.
The fact that a parent sends his or her child or children to a home school shall not be the sole factor that a court considers in determining custody of such child or children.
The court shall not award custody of a child to a parent if such parent has been found guilty of, or plead guilty to, a felony sex crime when the child was the victim.
As between the parents of a child, no preference may be given to either parent in the awarding of custody because of that parent’s age, sex, or financial status, nor because of the age or sex of the child

Missouri Revised Statutes Sec. 452.375. 1.

Montana Child Custody Factors

Wishes of the child’s parent or parents.
Wishes of the child.
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.
Child’s adjustment to home, school, and community.
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 teh 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.
Adverse effects on the child resulting from continuous and vexatious parenting plan amendment actions.

Montana Code Sec. 40-4-212

Nebraska Child Custody Factors

Relationship of the child to each parent prior to the commencement of the action or any subsequent hearing.
Desires and wishes of the child if of an age of comprehension when such desires and wishes are based on sound reasoning.
General health, welfare, and social behavior of the minor child.
Credible evidence of abuse inflicted on any family or household member.
In determining custody arrangements and the time to be spent with each parent, the court shall not give preference to either parent based on the sex of the parent and presumption shall exist that either parent is more fit or suitable than the other.

Nebraska Statutes Sec. 42-364(2).

Nevada Child Custody Factors

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 or a guardian for the child.
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.
Preference must not be given to either parent for the sole reason that the parent is the mother or father of the child.

Nevada Revised Statutes Sec. 125.480(4).

New Hampshire Child Custody Factors

In all cases where there shall be a decree of divorce or nullity, the court shall make such further decree in relation to the custody of the children as shall be most conducive to their benefit.

Where the parents have agreed to an award of joint legal custody or so agree in open court joint legal custody is presumed to be in the best interest of the children.
Upon the application of either parent for joint legal custody or so agree in open court joint legal custody is presumed to be in the best interest of the children.
Upon the application of either parent for joint legal custody, in which case it may be awarded in the discretion of the court.
Where the court finds that abuse has occurred, the court shall consider such abuse as harmful to children and as evidence in determining whether joint legal custody is appropriate. In such cases, the court shall make custody and visitation orders that best protect the children or the abused spouse or both.
The paramount and controlling consideration in deciding child custody is the overall welfare of the child, and there is no one formula for all cases, each case being determined by its particular facts.
Considerable weight may be given to the stated preference of a mature minor, provided taht preference was not unduly influenced.

New Hampshire Revised Statutes Sec. 458:17

New Jersey Child Custody Factors

Parents’ ability to agree, communicate and cooperate in matters relating to the child.
Parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse.
Interaction and relationship of the child with its parents and siblings.
History of domestic violence, if any.
Safety of the child and the safety of either parent from physical abuse by the other parent.
Preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision.
Needs of the child.
Stability of the home environment offered.
Quality and continuity of the child’s education.
Fitness of the parents.
Geographical proximity of the parents’ homes.
Extent and quality of the time spent with the child prior to or subsequent to the separation.
Parents’ employment responsibilities.
Age and number of the children.

New Jersey Statutes 9:2-4

New Mexico Child Custody Factors

Wishes of the child’s parent or parents as to his custody.
Wishes of the child as to his custodian.
Interaction and interrelationship of the child with his parents, his siblings and any other person who may significantly affect the child’s best interest.
Child’s adjustment to his home, school, and community.
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 she wishes to live before awarding custody of such minor.

In addition, for joint custody:

Whether the child has established a close relationship with each parent.
Whether each parent is capable of providing adequate care for the child throughout each period of responsibility, including arranging for the child’s care by others as needed.
Whether each parent is willing to accept all responsibilities of parenting, including a willingness to accept care of the child at specified times and to relinquish care to the other parent as specified times.
Whether the child can maintain and strengthen a relationship with both parents through predictable, frequent contact and whether the child’s development will profit from such involvement and influence from both parents.
Whether each parent is able to allow the other to provide care without intrusion, that is, to respect the other’s parental rights and responsibilities and right to privacy.
Suitability of a parenting plan for the implementation of joint custody, preferably, although not necessarily, one arrived at through parental agreement.
Geographic distance between the parents’ residences.
Willingness or ability of the parents to communicate, cooperate or agree on issues regarding the child’s needs.
Whether a judicial adjudication has been made in a prior or the present proceeding that either parent or other person seeking custody has engaged in one or more acts of domestic abuse against the child, a parent of the child or other household member.
The court shall not prefer one parent as a custodian solely because of gender.

New Mexico Statutes Sec. 40-4-9-1

New York Child Custody Factors

There are no custody factors in New York.

North Carolina Child Custody Factors

Acts of domestic violence between the parties.
Safety of the child.
Safety of either party from domestic violence by the other party.

Between the mother and father, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child.

North Carolina General Statutes Sec. 50-13.2(a)

North Dakota Child Custody Factors

Love, affection, and other emotional ties existing between the parents and child.
Capacity and disposition of the parents to give the child love, affection, and guidance and to continue the education of the child.
Disposition of the parents to provide the child with food, clothing, medical care, or other remedial care in lieu of medical care, and other material needs.
Length of time the child has lived in a stable satisfactory environment and the desirability of maintaining continuity.
Permanence, as a family unit, of the existing or proposed custodial home.
Moral fitness of the parents.
Mental and physical health of the parents.
Home, school, and community record of the child.
Reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
Evidence of domestic violence.
Interaction and interrelationship, or the potential for 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. The court shall consider that person’s history of inflicting, or tendency to inflict, physical harm, bodily injury, assault, or the fear of physical harm, bodily injury, or assault, on other persons.
False allegations, not made in good faith, by one parent against the other, of harm to a child.
Any other factors considered by the court to be relevant to a particular child custody dispute.

North Dakota Century Code Sec. 14-09-06.2

Ohio Child Custody Factors

For custody determination:

Wishes of the child’s parents regarding the child’s care.
Wishes and concerns of the child, as expressed to the court in chambers.
Child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest.
Child’s adjustment to the child’s home, school, and community.
Mental and physical health of all persons involved in the situation.
Parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights.
Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor.
Child abuse or neglect.
Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court.
Whether either parent has established a residence, or is planning to establish a residence, outside this state.

Ability of the parents to cooperate and make decisions jointly, with respect to the children.
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.
Geographical proximity of the parents to each other, as the proximity related to the practical considerations of shared parenting.
The recommendation of the guardian ad litem of the child, if the child has a guardian ad litem.
The court shall not give preference to a parent because of that parent’s financial status or condition.

Ohio Revised Code Sec. 3109.04(F)(1)

Oklahoma Child Custody Factors

Which parent is more likely to allow the child or children frequent and continuing contact with the noncustodial parent.
The court shall not prefer a parent as a custodian of the child because of the gender of the parent.

Oklahoma Statutes tit. 43 Sec. 112

Oregon Child Custody Factors

Emotional ties between the child and other family members.
Interest of the parties in and attitude toward the child.
Desirability of continuing an existing relationship.
Abuse of one parent by the other.
Preference for the primary caregiver of the child, if the caregiver is deemed fit by the court.
Willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

Oregon Revised Statutes Sec. 107.137

Pennsylvania Child Custody Factors

Preference of the child.
Any other factor which legitimately impacts the child’s physical, intellectual, and emotional well-being.
Which parent is more likely to encourage, permit and allow frequent and continuing contact and physical access between the noncustodial parent and the child.
Each parent and adult household member’s present and past violent or abusive conduct.
Criminal conviction or conduct of a parent.

Pennsylvania Consolidated Statutes Sec. 5305

Rhode Island Child Custody Factors

The fact that a parent is receiving public assistance shall not be a factor in awarding custody.
Evidence of past or present domestic violence. The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of domestic or family violence. The court shall also consider the perpetrator’s history of causing physical harm, bodily injury or assault to another person.

Rhode Island Code Sec. 15-5-16(d)

South Carolina Child Custody Factors

Court may issue orders touching the care, custody and maintenance of the children of the marriage and what, if any, security shall be given for the same as from the circumstances of the parties and the nature of the case and the best spiritual as well as other interests of the children may be fit, equitable and just.
In placing the child in the custody of an individual or a private agency or institution, the court shall, whenever practicable, select a person or an agency or institution governed by persons of the same religious faith as that of the parents of such child, or, in case of a difference in the religious faith of the parents, then of the religious faith of the child, or, if the religious faith of the child is not ascertainable, then of the faith of either of the parents.

South Carolina Code Secs. 20-33-160 and 20-7-1520

South Dakota Child Custody Factors

the court shall be guided by consideration of what appears to be for the best interests of teh 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.
As between parents adversely claiming the custody, neither parent may be given preference over the other in determining custody.
Fault shall not be taken into account with regard to child custody, except as it may be relevant to the fitness of either parent.
The expressed desires of the parents for joint legal custody.

South Dakota Statutes Secs 25-4-45, 25-4-45.1, and 25 5-7.1

Tennesse Child Custody Factors

Child abuse or child sexual abuse with th e family (rebuttable presumption that it is detrimental to the child and not in the best interests of the child to award sole custody, joint legal or joint physical custody to the perpetrator of such abuse.)
Gender of the party seeking custody shall not give rise to a presumption of parental fitness or cause a presumption or constitute a factor in favor or against the award of custody to such party.

Tennessee Code Sec. 36-6-101

Texas Child Custody Factors

Qualifications of the parties without regard to their marital status or to the sex of the party or the child.
Evidence of the intentional use of abusive physical force by a party against the party’s spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit.
The court may not appoint joint managing conservators if credible evidence is presented of a history or pattern or past or present child neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a child, including a sexual assault that results in the other parent becoming pregnant with the child.
Family violence.
Age, developmental status, circumstances, needs, and the best interest of the child.
Circumstances of the managing conservator and of the parent named as a possessory conservator.
Any other relevant factor.

Texas Family Code Secs. 153.002, 153.003, 153.004 and 153.256

Utah Child Custody Factors

Whether the physical, psychological, and emotional needs and development of the child will benefit from joint legal or physical custody.
Ability of thee parents to give first priority to the welfare of the child and reach shared decisions in the child’s best interest.
Whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent, including the sharing of love, affection, and contact between the child and the other parent.
Whether both parents participated in raising the child before the divorce.
Geographical proximity of the homes of the parents.
Preference of the child if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to joint legal or physical custody.
Maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents.
Past and present ability of the parents to cooperate with each other and make decisions jointly.
Any history of, or potential for, child abuse, spouse abuse, or kidnapping.
Any other factors the court finds relevant.

Utah Code Sec. 30-3-10.2.

Virginia Child Custody Factors

Age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs.
Age and physical and mental condition of each parent.
Relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child.
Needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members.
Role which each parent has played and will play in the future, in the upbringing and care of the child.
Propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child.
Relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child.
Reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference.
Any history of family abuse.
Such other factors as the court deems necessary and proper to the determination.

Wyoming Child Custody Factors

. Quality of the relationship each child has with each parent.
Ability of each parent to provide adequate care for each child throughout each period of responsibility, including arranging for each child’s care by others as needed.
Relative competency and fitness of each parent.
Each parent’s willingness to accept all responsibilities of parenting, including a willingness to accept care for each child at specified times and to relinquish care to the other parent at specified times.
How the parents and each child can best maintain and strengthen a relationship with each other.
How the parents and each child interact and communicate with each other and how such interaction and communication may be improved.
Ability and willingness of each parent to allow the other to provide care without intrusion, respect the other parent’s rights and responsibilities, including the right to privacy.
Geographic distance between the parents’ residences.
Current physical and mental ability of each parent to care for each child.
Evidence of spousal abuse or child abuse.
Any other factors the court deems necessary and relevant.
The court shall not prefer one parent as a custodian solely because of gender.

Wyoming Code Sec. 20-2-201.

Washington Child Custody Factors

For Joint Legal Custody:

Agreements between the parties.
The existence of a limitation under RCW 26.09.191.
History of participation of each parent in decision making.
Whether the parents have a demonstrated ability and desire to cooperate with one
another in decision making.
Parents’ geographic proximity to one another, to the extent that it affects their ability
to make timely mutual decisions.

For Physical Custody:

Relative strength, nature, and stability of the child’s relationship with each parent,
including whether a parent has taken greater responsibility for performing parenting
functions relating to the daily needs of the child.
Agreements of the parties, provided they were entered into knowingly and voluntarily.
Each parent’s past and potential for future performance of parenting functions.
Emotional needs and developmental level of the child.
Child’s relationship with siblings and with other significant adults, as well as the
child’s involvement with his or her physical surroundings, school, or other significant
activities.
Wishes of the parents and the wishes of a child who is sufficiently mature to express
reasoned and independent preferences as to his or her residential schedule. and
Each parent’s employment schedule, and shall make accommodations consistent
with those schedules.

Washington Revised Code Sec. 26.09.187.

Wisconsin Child Custody Factors

Wishes of the child’s parent or parents, as shown by any stipulation between the parties, any proposed parenting plan or any legal custody or physical placement proposal submitted to the court at trial.
Wishes of the child, which may be communicated by the child or through the child’s guardian ad litem or other appropriate professional.
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.
Amount and quality of time that each parent has spent with the child in the past, any necessary changes to the parents custodial roles and any reasonable life-style changes that a parent proposes to make to be able to spend time with the child in the future.
Child’s adjustment to the home, school, religion and community.
Age of the child and the child’s developmental and educational needs at different ages.
Mental and physical health of the parties, the minor children and other persons living in a proposed custodial household.
Need for regularly occurring and meaningful periods of physical placement to provide predictability and stability for the child.
Availability of public or private child care services.
Cooperation and communication between the parties and whether either party unreasonably refuses to cooperate or communicate with the other party.
Whether each party can support the other party’s relationship with the child. including encouraging and facilitating 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.
Whether there is evidence that a party engaged in abuse of the child.
Whether there is evidence of interspousal battery or domestic abuse.
Whether either party has or had a significant problem with alcohol or drug abuse.
The reports of appropriate professionals if admitted into evidence.
Such other factors as the court may in each individual case determine to be relevant.
The court may not prefer one parent or potential custodian over the other on the
basis of the sex or race of the parent or potential custodian.

Wisconsin Statutes Sec. 767.24(5).

Vermont Child Custody Factors

Relationship of the child with each parent and the ability and disposition of each parent to provide the child with love, affection and guidance.
Ability and disposition of each parent to assure that the child receives adequate food, clothing, medical care, other material needs and a safe environment.
Ability and disposition of each parent to meet the child’s present and future developmental needs.
Quality of the child’s adjustment to the child’s present housing, school and community and the potential effect of any change.
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.
Quality of the child’s relationship with the primary care provider, if appropriate given the child’s age and development.
Relationship of the child with any other person who may significantly affect the child.
Ability and disposition of the parents to communicate, cooperate with each other and make joint decisions concerning the children where parental rights and responsibilities are to be shared or divided.
Evidence of abuse, and the impact of the abuse on the child and on the relationship between the child and the abusing parent.
The court shall not apply a preference for one parent over the other because of the sex of the child, the sex of a parent or the financial resources of a parent.d) The court may order a parent who is awarded responsibility for a certain matter involving a child’s welfare to inform the other parent when a major change in that matter occurs.

Vermont Statutes tit. 15 Sec. 665.

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