Divorce Custody Laws

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Every state in the United States has formulated its own laws that deal with the various aspects of the child after divorce or separation. The local family courthouse offers resources, information and custody forms that would enable the spouses seeking custody to gain knowledge regarding the custody laws in their respective states.

Sections of Divorce Custody Laws

StateSectionStateSection
Alabama 30-3-150 Alaska 25.24.150
Arizona 25-403(A) Arkansas 9-13-101
Florida Title VI, Ch 61, 61.13 Georgia 19-9-1, 19-9-3
Hawaii 571-46 Illinois Statute 750, Chapter 5, Section 602
Indiana Title 31, Article 17, Chapter 2-8 to 2-13 Iowa 598.41
Kansas Statute 60-16-1610 Louisiana Articles 132 and 134
Maine Title 19-A, Section 1653 Maryland 5-203, 9-101, 9-103
Massachusetts Chapter 208-31 Michigan 552.391
Minnesota Chapter 518.17 Mississippi Title 93, Section 93-5-24
Missouri 452.375 Montana Section 40, Title 4-212
Nebraska Chapter 42, Section 364 Nevada Statute 125.480
New Hampshire Chapters: 461-A:6 New Jersey Statute 9:2-4
New Mexico Statute 40-4-9, 40-4-9.1 New York Chapter 14North Carolina
North Carolina Chapter 50, Section 50-13.2 North Dakota Chapters 14-09-06.2
Ohio Section 3109.04 Oklahoma Title 43, Section 109 and 112
Oregon Chapter 107.137, 107.169 Pennsylvania Title 23, Section 5303
Rhode Island Title 15, Section 15-5-19 South Carolina 20-3-160, 20-7-1515 to 20-7-1530
South Dakota Title 25, Chapter: 25-4-45, 25-4-45.1, 25-4-45.5, 25-4-45.6 Tennessee Title 36, Section 36-6-106
Texas Chapter 153 Utah Code 30-3-10
Vermont Title 15, Chapter 11, Subchapter 3, Section 665 West Virginia 48-9-101, 48-9-102
Wisconsin 767.41 Wyoming Title 20, Chapter 20-2-201

Highlights of Divorce Custody Laws

  • Presently, legal professionals use the term 'parenting schedule' rather than the old terms like 'custody' and 'visitation'
  • When the court permits a parenting schedule, its objective is to fulfill the developmental requirements of the child
  • Usually, a young child is offered a brief duration with each parent and this duration is frequently repeated
  • Teenagers and old children are granted relatively long durations with each parent and these durations are less frequent
  • Some parents remove their child from the jurisdiction and simultaneously violate the custody laws of the court. The motive of such parents is to disturb the contact of the other parent with the child
  • Some parents allege that the other parent has committed sexual, physical or emotional abuse. Another sort of allegation is that one parent says that the other parent has poisoned the mind of the child against him/her
  • As per child custody laws, the biological parents have fundamental right to custody. The court keeps in mind the best interests of the child to determine with which person the child should reside with
  • From 1994 to 2002, child custody laws permitted only 15 percent of men to become custodians of their child

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