Legal and Physical Custody

Two different things the word "custody" covers: who makes major decisions for a child, and where the child lives.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of Child Custody law firms.

What it means

"Custody" bundles two separate questions, and conflating them causes a great deal of avoidable conflict. Legal custody is decision-making authority over major matters - schooling, non-emergency medical care, religious upbringing. Physical custody is where the child actually lives and the schedule of time with each parent. Either can be shared or held by one parent, and joint legal custody alongside an unequal residential schedule is a very common arrangement.

Courts decide these questions by reference to the child's best interests, applying factors set by state law rather than any presumption about which parent should be preferred. Many states now use terms such as parental responsibility or parenting time instead of custody, partly to separate the two ideas more clearly.

Custody arrangements can be modified as circumstances change, which distinguishes them from most civil judgments - but modification generally requires showing a substantial change since the last order, not simply a change of mind.

Three bodies of law decide where a custody case belongs. Under the UCCJEA, the child's home state, defined by where the child has recently lived with a parent for a set period, generally has priority to make the first order. The state that made an order then keeps exclusive, continuing jurisdiction to modify it while a parent or the child still lives there. The federal Parental Kidnapping Prevention Act requires every state to give full faith and credit to a custody order made consistently with those rules (28 U.S.C. § 1738A). When a child is taken across an international border, the Hague Convention on the Civil Aspects of International Child Abduction, implemented in the United States by 22 U.S.C. §§ 9001-9011, provides a remedy of return. That remedy decides which country's courts will hear custody, not who gets custody. A parent's right to consent before a child leaves the country can itself be a right of custody under the Convention (Abbott v. Abbott, 560 U.S. 1 (2010)).

Where this comes from

When people hire a lawyer for this

The jurisdiction question is the one to raise first if the parents are in different states, because filing in the wrong state can waste months. Beyond that, parents who agree still benefit from having the agreement drafted precisely enough to be enforceable - most later disputes trace back to a schedule that was clear to the parents and ambiguous to everyone else.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find Child Custody law firms in your state

Choose your state to see Child Custody law firms in the city where we list the most; your city may be under “other cities”, A to Z. A state marked “Family Law” has no Child Custody listing yet and opens the broader page.

• Alabama (Birmingham)
  +1 other city

  • Montgomery
• Alaska (Anchorage)
• Arizona (Glendale)
  +6 other cities

  • Chandler
  • Gilbert
  • Mesa
  • Phoenix
  • Scottsdale
  • Tucson
• Arkansas (Little Rock)
• California (Fremont)
  +19 other cities

  • Anaheim
  • Chula Vista
  • Irvine
  • Los Angeles
  • Modesto
  • Oakland
  • Oxnard
  • Riverside
  • Sacramento
  • San Diego
  • San Francisco
  • San Jose
  • and 7 more with fewer listed firms
• Colorado (Colorado Springs)
  +2 other cities

  • Aurora
  • Denver
• Connecticut (Bridgeport)
• Delaware (Wilmington)
• District of Columbia (Washington)
• Florida (Orlando)
  +5 other cities

  • Hialeah
  • Jacksonville
  • Miami
  • St Petersburg
  • Tampa
• Georgia (Atlanta)
• Hawaii (Honolulu)
• Idaho (Boise)
• Illinois (Chicago)
• Indiana (Fort Wayne)
  +1 other city

  • Indianapolis
• Iowa (Des Moines)
• Kansas (Kansas City)
  +1 other city

  • Wichita
• Kentucky (Lexington)
  +1 other city

  • Louisville
• Louisiana (Baton Rouge)
  +2 other cities

  • New Orleans
  • Shreveport
• Maine (Portland)
• Maryland (Baltimore)
• Massachusetts (Boston)
• Michigan (Detroit)
• Minnesota (Minneapolis)
  +1 other city

  • Saint Paul
• Mississippi (Jackson)
• Missouri (St. Louis)
  +1 other city

  • Kansas City
• Montana (Billings, Family Law)
• Nebraska (Lincoln)
  +1 other city

  • Omaha
• Nevada (Henderson)
  +3 other cities

  • Las Vegas
  • North Las Vegas
  • Reno
• New Hampshire (Manchester)
• New Jersey (Jersey City)
  +1 other city

  • Newark
• New Mexico (Albuquerque)
• New York (Buffalo)
  +2 other cities

  • New York City
  • Rochester
• North Carolina (Fayetteville)
  +5 other cities

  • Charlotte
  • Durham
  • Greensboro
  • Raleigh
  • Winston-Salem
• North Dakota (Fargo)
• Ohio (Cincinnati)
  +3 other cities

  • Cleveland
  • Columbus
  • Toledo
• Oklahoma (Tulsa)
  +1 other city

  • Oklahoma City
• Oregon (Portland)
• Pennsylvania (Philadelphia)
  +1 other city

  • Pittsburgh
• Rhode Island (Providence)
• South Carolina (Columbia)
• South Dakota (Sioux Falls)
• Tennessee (Nashville)
  +1 other city

  • Memphis
• Texas (Dallas)
  +12 other cities

  • Arlington
  • Austin
  • Corpus Christi
  • El Paso
  • Fort Worth
  • Garland
  • Houston
  • Irving
  • Laredo
  • Lubbock
  • Plano
  • San Antonio
• Utah (Salt Lake City)
• Vermont (Burlington)
• Virginia (Chesapeake)
  +3 other cities

  • Norfolk
  • Richmond
  • Virginia Beach
• Washington (Spokane)
  +2 other cities

  • Seattle
  • Tacoma
• West Virginia (Charleston)
• Wisconsin (Madison)
  +1 other city

  • Milwaukee
• Wyoming (Cheyenne)

Related terms

Entries on the same subject:

• Grandparent and Third-Party VisitationWhen a court can order that a child spend time with a grandparent, step-parent or other non-parent over a parent's objection - the constitutional limit set by the Supreme Court, the circumstances in which state statutes allow a petition, the special weight a fit parent's decision receives, and what a petitioner must prove.
• Guardian ad Litem and Custody EvaluatorThe two neutrals a court most often appoints in a contested custody case - what a guardian ad litem does and does not do, how it differs from a child's attorney and from a custody evaluator, who pays, what they may see, and how their reports are used at trial.
• Modifying a Custody or Support OrderChanging an existing family court order - which usually requires proving something has changed, and never happens by the parents' agreement alone.
• Parenting Plan and VisitationThe written schedule and decision-making rules for a child after separation - and the document courts increasingly require rather than invite.
• Relocating With a ChildMoving a child away from the other parent - the family law dispute most likely to require the court's permission before the move, not after.

Other entries in the same area of law, each written from the same primary sources.

• AdoptionThe court order that makes a child legally the son or daughter of someone other than the birth parents - the kinds of adoption, whose consent is required, how the birth parents' rights end, the home study and the hearing, and what the order changes about inheritance, records and the child's name.
• Annulment (Void and Voidable Marriage)A court judgment declaring that a marriage was never valid, as distinct from a divorce that ends a valid one - the difference between a void and a voidable marriage, the grounds each state recognizes, who may bring the case, and what an annulment does to property, support and children.
• Child SupportMoney one parent pays the other toward a child's living costs, set in most cases by a state formula rather than by negotiation.
• Child Support EnforcementHow unpaid child support is collected - income withholding, tax refund intercepts, license and passport sanctions, liens and contempt - and the free help available from state child support agencies.
• Cohabitation Agreement (Unmarried Couples)Why unmarried partners who live together have few of the property and support rights spouses have, what a written cohabitation agreement can cover, and what courts do without one.
• Collaborative Divorce (Collaborative Law)A way to settle a divorce out of court in which both spouses and their lawyers agree in writing to negotiate, and the lawyers must withdraw if the case goes to court.
• Common-Law MarriageA marriage formed without a license or ceremony by living together as spouses and holding yourselves out as married - which states still allow it, what has to be proved, why every state recognizes one validly formed elsewhere, and what it means for property, support and inheritance when the relationship ends.
• Dividing Retirement Accounts in Divorce (QDRO)How pensions, 401(k) plans and IRAs are divided at divorce without tax or penalty - what a qualified domestic relations order is and why a divorce decree alone is not enough, the difference between a defined-benefit and a defined-contribution split, the plans that need a different order, and the mistakes that cost a former spouse the share the decree awarded.
• Divorce MediationA process in which a neutral mediator helps separating spouses negotiate their own agreement on property, support and parenting, instead of having a judge decide for them.
• Establishing PaternityThe legal step that makes a man a child's father in law - and signing the hospital form is one of two routes, not a formality.
• Grounds for DivorceThe legal basis a divorce is granted on - and in every state today at least one basis requires proving no wrongdoing by anyone.
• Guardianship of a MinorA court order giving an adult who is not the parent legal authority over a child's care, or over the child's property, without ending the parents' rights - how it differs from custody and adoption, who can be appointed, what the parents keep, and how it ends.
• Legal SeparationA court status in which spouses live apart with binding orders on support, property and children, while remaining married.
• Marital Property DivisionHow a court splits what a couple owns - and "equitable" means fair in that state's judgment, which is not the same as half.
• Military DivorceA divorce in which one spouse is a service member, which adds federal rules on where the case can be filed, how military retired pay is divided, and what the civilian spouse keeps after the divorce.
• Postnuptial AgreementA contract between spouses, signed during the marriage, that decides how property and support would be handled on divorce or death, and why courts scrutinize it more closely than a prenup.
• Prenuptial AgreementA contract made before marriage about property and support - enforceable in every state, and set aside more often than most people expect.
• Protective Order (Restraining Order)A court order telling one person to stop contacting or coming near another - enforceable by police, and valid across state lines.
• Same-Sex Marriage and Family LawHow marriage, divorce, parentage and adoption law applies to same-sex couples after Obergefell, and the places where the rules still differ in practice.
• Spousal Support (Alimony)Payments from one former spouse to the other - discretionary in most states, and taxed differently for instruments made after 2018.
• Termination of Parental RightsThe court order that permanently ends the legal relationship between a parent and child - the grounds a state must prove, the heightened standard of proof and right to counsel, the difference between voluntary relinquishment and an involuntary petition, and what the order does and does not end.

« All glossary terms