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Child Custody


At one time, custody of children was almost exclusively given to the mother. Today, custody determination is made based on a variety of factors that help to determine what is in the best interest of the child. In many cases, the parents work out an agreement between themselves. In cases that are disputed, however, it falls to the court system to make the decision.
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Grandparent Visitation Rights

Last Updated August 4, 2008
All 50 states have statutes granting grandparents at least limited visitation rights with their grandchildren. Usually, grandparent visitation issues arise when a grandparent's child divorces and the ex-spouse has primary custody of the grandchildren, the grandparent's child dies or has his or her rights terminated. The primary justification for grandparent visitation is that it is often in the child's best interests to have a close relationship with his or her grandparents.

While some states mandate visitation under only certain circumstances (death of a parent, divorce, incarceration of a parent), the majority of states allow courts to consider granting visitation rights to grandparents without the necessity of parental death or divorce.

States Using the "Best Interest of the Child" Test

Statutes that allow liberal grandparent visitation are based upon the best interests of the child test. In these states, a parent death or divorce is not a prerequisite for a grandparent to seek visitation. All that the grandparent must prove to the court is that it is in the best interests of the child to have visitation.

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Child Custody - Selected State Laws

AlabamaAlabama Code > Title 30 > Chapter 3B - Uniform Child Custody Jurisdiction And Enforcement Act
AlaskaAlaska Statutes Chapter 25.30 - Uniform Child Custody Jurisdiction And Enforcement Act
ArizonaArizona Laws > Title 25 > Chapter 4 - Child Custody And Visitation
Arizona Laws > Title 25 > Chapter 8 - Uniform Child Custody Jurisdiction And Enforcement Act
CaliforniaCalifornia Family Code > Division 8 - Custody Of Children
ConnecticutConnecticut General Statutes > Title 46b > Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act
DelawareDelaware Code Title 13 > Chapter 19 - Uniform Child Custody Jurisdiction And Enforcement Act
Delaware Code Title 13 > Chapter 24 - Third Party Visitation
FloridaFlorida Statutes > Chapter 61 > Part II - Uniform Child Custody Jurisdiction and Enforcement Act
Florida Statutes > Chapter 751 - Temporary Custody of Minor Children By Extended Family
Florida Statutes > Chapter 753 - Supervised Visitation
HawaiiHawaii Revised Statutes Chapter 583A - Uniform Child-Custody Jurisdiction and Enforcement Act
IdahoIdaho Code Title 32 > Chapter 11 - Uniform Child Custody Jurisdiction And Enforcement Act
Idaho Code Title 32 > Chapter 17 - De Facto Custodian Act
IllinoisIllinois Compiled Statutes > 750 ILCS 36 - Uniform Child-Custody Jurisdiction and Enforcement Act
IndianaIndiana Code > Title 31 > Article 17 - Family Law: Custody And Visitation Rights
Indiana Code > Title 31 > Article 21 - Uniform Child Custody Jurisdiction Act
IowaIowa Code Chapter 598B - Uniform child-custody jurisdiction and enforcement
KansasKansas Statutes > Chapter 23 > Article 7 - Enforcement Of Visitation Rights
Kansas Statutes > Chapter 38 > Article 13 - Child Custody Jurisdiction
MaineMaine Revised Statutes Title 19-A > Chapter 58 - Uniform Child Custody Jurisdiction And Enforcement Act
Maine Revised Statutes > Title 19-A > Chapter 59 - Visitation Rights Of Grandparents
MassachusettsMassachusetts General Laws > Part II > Title III > Chapter 209B - Massachusetts Child Custody Jurisdiction Act
MichiganMichigan Laws > Chapter 722 > Act 91 of 1970 - Child Custody Act Of 1970
Michigan Laws > Chapter 722 > Act 195 of 2001 - Uniform Child-Custody Jurisdiction And Enforcement Act
MinnesotaMinnesota Statutes Chapter 518D - Uniform Child Custody Jurisdiction and Enforcement Act
MontanaMontana Code Title 40 > Chapter 7 - Uniform Child Custody Jurisdiction And Enforcement Act
NevadaNevada Revised Statutes > Chapter 125A - Uniform Child Custody Jurisdiction and Enforcement Act
Nevada Revised Statutes > Chapter 125C - Custody and Visitation
Nevada Revised Statutes > Chapter 125D - Uniform Child Abduction Prevention Act
New MexicoNew Mexico Statutes Chapter 40 > Article 10A - Child Custody
New YorkNew York Laws - Domestic Relations > Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act
New YorkNew York Laws > Domestic Relations > Article 5-A - Uniform Child Custody Jurisdiction And Enforcement Act
North CarolinaNorth Carolina General Statutes Chapter 7A > Article 39A - Custody and Visitation Mediation Program
North Carolina General Statutes Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act
North DakotaNorth Dakota Code > Chapter 14-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act
OhioOhio Code > Title 31 > Chapter 3127 - Uniform Child Custody Jurisdiction And Enforcement Act
Rhode IslandRhode Island General Laws > Chapter 15-14.1. Uniform Child Custody Jurisdiction and Enforcement Act
South CarolinaSouth Carolina Code > Title 63 > Chapter 15 - Child Custody And Visitation
South DakotaSouth Dakota Laws > Title 25 > Chapter 04A - Custody And Visitation Rights
South Dakota Laws > Title 26 > Chapter 05B - Uniform Child-Custody Jurisdiction And Enforcement Act
TennesseeTennessee Code > Title 36 > Chapter 6 - Child Custody and Visitation
UtahUtah Code > Title 30 > Chapter 5 - Custody and Visitation for Persons Other than Parents Act
Utah Code > Title 78B > Chapter 13 - Utah Uniform Child Custody Jurisdiction and Enforcement
VermontVermont Statutes > Title 13 > Chapter 56 - Custodial Interference
Vermont Statutes > Title 15 > Chapter 19 - Uniform Child Custody Jurisdiction Act
VirginiaVirginia Code Title 20 > Chapter 6.1 - Custody and Visitation Arrangements for Minor Children
Virginia Code Title 20 > Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act
West VirginiaWest Virginia Code > Chapter 48 > Article 20 - Uniform Child Custody Jurisdiction And Enforcement Act
WisconsinWisconsin Statutes > Chapter 767 > Subchapter V - Child Custody, Placement, And Visitation

 

Questions & Answers: Child Custody

Let parents take twins for vacation, now they refuse to return them, what can I do?...
Mike, What is your relationship to the parents and twins, and why is there a problem with them not returning? Steve Daily LawServer.com...
my daughters father and I split up a while ago and were being civil with sharing our time with her. when he found out that I was seeing someone, he "went to his lawyer" and filed f...
The mother of my brother's child sent letters of correspondence to my brother between her and the director of Child Protective Services in Florida inquirying about the process of a...
I gave my sister temporary custody of my daughter and she doesn't want to overturn the agreement as far as giving me my child back. I was wondering if is there some way I can termi...
Shahara, The court order can only be modified by going back to court. I strongly suggest you consult with a family law attorney about this. Steve Daily LawServer.com...
 
Bergman & Yiangou
Ohio Bankruptcy and Criminal Defense Attorneys

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Diamond, Burt & Akhkashian, LLP
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Los Angeles, California 90017
Practice Areas: Criminal Law, Family Law, Real Estate, Debt and Bankruptcy, Personal Injury, Litigation, Commercial Real Estate, Divorce, Driving While Intoxicated, Child Support, Child Custody, Domestic Violence, Alimony, Immigration
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New Mexico General Law Practice

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Albuquerque, New Mexico 87112
Practice Areas: Family Law, Divorce
www.donharrislaw.com/
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