Child custody laws by state

Every state decides custody on the child's best interest, but each one words it, weighs it and starts from a different place. These guides explain your state's statute in plain English, with what to record while your case runs.

Click a highlighted state, or pick it from the list. More states are on the way.

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Where each state starts

The starting point is what the court assumes before it hears your evidence. It is not the outcome. Every state lets a parent move the court off it with the right facts, and each guide explains how.

State custody law starting points
State	Starting point	What it is called	Main statute
California custody laws	Joint if parents agreeNo preference for joint or sole otherwise	Legal custody and physical custody	Cal. Fam. Code §§ 3011, 3020, 3040
Florida custody laws	Equal time presumedRebuttable, since July 1, 2023	Parental responsibility and time-sharing	Fla. Stat. § 61.13
Ohio custody laws	No starting presumptionUnmarried mother has sole custody until a court rules	Allocation of parental rights and responsibilities	Ohio Rev. Code §§ 3109.03, 3109.04
Pennsylvania custody laws	No starting presumptionSafety factors weigh most	Legal custody and physical custody	23 Pa.C.S. §§ 5327, 5328
Texas custody laws	Joint custody presumedShared decisions, not equal time	Conservatorship, possession and access	Tex. Fam. Code ch. 153

Looking for the numbers instead?

Each state also has a statistics guide. It explains what the published figures can and cannot tell you about your chances.

California: what the custody numbers showHousehold figures, why no state publishes a win rate, and what to prepare instead.Florida: what the custody numbers showHousehold figures, why no state publishes a win rate, and what to prepare instead.Ohio: what the custody numbers showHousehold figures, why no state publishes a win rate, and what to prepare instead.Pennsylvania: what the custody numbers showHousehold figures, why no state publishes a win rate, and what to prepare instead.Texas: what the custody numbers showHousehold figures, why no state publishes a win rate, and what to prepare instead.

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