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Divorce Custody Laws
Divorce Papers > Divorce Custody > Divorce Custody Laws
Every state in the United States has formulated its own jurisdictional system that deal with the various aspects of the child after termination of marriage or separation. The local family courthouse offers resources, information and forms that would enable the spouses to gain knowledge regarding the divorce custody laws in their respective states.
Sections of Divorce Custody Laws
All states have adopted the 'Uniform Child Custody Jurisdiction and Enforcement Act'. According to it, the court hearings for this matter is to be carried out by the home state, where the child has resided for more than six months.
Every state will have a different outlook towards the parenting plans. Some may regard that joint parenting is better, while some prefer awarding sole guardianship. The details about the sections in family laws of every state have been given below.
| State |
Section |
State |
Section |
| 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.
- 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 fixed. Some parents remove their child from the jurisdiction and simultaneously violate the laws of the court. The motive of such parents is to disturb the contact of the other parent with the child. Such spouses are considered for punishment for the contempt of the court.
- 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. The court will not proceed with modification orders until such change is not in the interests of the child.
- As per the state rules, the biological parents have fundamental legal rights on the kid. The court keeps in mind the best interests of the child to determine with which person the child should reside with.
- There is separate provision for grandparents and other relatives to obtain legal rights over the kids. But, the third-party guardianship is preferred only when both parents are found unfit.
How to Find Legal Aid regarding Divorce Custody Laws
It is often seen that most couples are not aware of their rights and obligations related to guardianship. Some spouses find problems while interpreting the complicated nature of the state regulations. In such situations, it is necessary to find a reliable source of information that can guide the partners in a right manner. Following are some of the options which can used to obtain legal help -
- Divorce attorneys and lawyers - The spouses can approach for the assistance for lawyers who are well-versed with the legal provisions and requirements in a particular state. The experienced and knowledgeable attorney can provide the details about legal procedure and parenting arrangements.
- Official Websites - The websites of legal departments or authorities may contain the information about the rules and regulations in the matter of guardinaship. But, the spouse has to be careful about the usage as many websites can be of fake nature.
- Publications of the state courts -The partners can approach the court clerk or any relevant authority to obtain the court publications. These informative documents explain the legal process in a simple manner for common people.
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