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Custody and Visitation Issues

Who should get the children? Surely there is no more difficult question in all of family law. State legislatures have tried to assist courts with this decision in a variety of ways. Some states have explored favoring or requiring the consideration of joint or shared custody in all cases, as a means to assure continuing contact between a child and both parents. Other states have funded access and visitation programs, to enable both parents to stay emotionally involved with their children. States continue to struggle with custody and visitation issues: what rights should third parties and grandparents have? How much emphasis should a child's preference receive? Should divorcing parents of minor children be required to take parenting classes? What restrictions, if any, should be placed on parents who wish to relocate with a child?

Third Party Visitation-This chart details state laws on the parties allowed to seek visitation with a child.

Presumption/Preference for Joint Custody-This map shows which states have a preference or presumption for joint custody.

For more information on custody and visitation issues, please contact Stephanie Walton in the Denver office at 303.364.7700 or cyf-info@ncsl.org or either Sheri Steisel or Lee Posey in the D.C. office at 202.624.5400 or fedhumserv-info@ncsl.org.