Child Custody

• Author: Richard Leiter
• Pages: 429-431

Page 429

Because of the importance of the laws regarding child custody, all fifty states and the District of Columbia have adopted the Uniform Child Custody Act.

Prior to the twentieth century, it was standard that the father would take sole custody of the children upon divorce. In the twentieth century, however, it became common practice to award custody of children “of tender years” to the mother. It is now most common to award custody to both parents at the same time, in an arrangement known as “joint custody,” under which custody of the children is divided into legal and physical custody, with both parents sharing responsibility for the children simultaneously. However, joint custody does not necessarily mean equal custody. Rather, it merely means custody co-exists between parents with the physical arrangements coordinated in the best interests of the children. All but six states recognize the joint custody arrangement in child custody matters. Eight states, apparently feeling the need to remove the children from the pressures of having to make difficult and emotional decisions, do not consider the wishes of the children when awarding custody. However, it is safe to say that judges will never completely ignore children’s wishes in considering custody matters, just as they will not make them bear the brunt of the responsibility for a decision when answering the objections of a parent. In the majority of states listed as not taking into account the child’s wishes, the statute also reads that the decision regarding placement of the child must be based on what is in the “best interests” of the child.

Until ten years ago, only a few states recognized a grandparent’s desire to visit his or her grandchildren as a right. Now, all except the District of Columbia have statutes recognizing visitation rights of grandparents. In an ironic, perhaps even cruel twist of legal fate, many of these statutes have been held unconstitutional by the courts, but have not yet been taken off the books.

Page 430

Table 27: Child Custody
State	Code Section	Year Uniform Child Custody Act Adopted	Joint Custody	Grandparent Visitation	Child’s Wishes Considered
ALABAMA	30-3-1 to 200	1980	Yes, §30-3-150	Yes, §30-3-4.1	Yes
ALASKA	25.24.150	1977	Yes, §25.20.060 “shared”	Yes, §25.24.150	Yes
ARIZONA	25-401, et seq.	1996	Yes, §25-403	Yes, §25-409	Yes
ARKANSAS	9-13-101, et seq.	1979	Yes	Yes, §9-13-103	No
CALIFORNIA	Fam. 3400, 3000, et seq.	1973	Yes, Fam. 3080 presumption	Yes, Fam. 3100(a), 3102, 3103, 3104	Yes
COLORADO	14-10-123	1973	No, repealed §14.10.123.5	Yes, §19-1-117	Yes
CONNECTICUT	46b-56 et seq.	1978	Yes §46b-56a	Yes, 46b-59	Yes
DELAWARE	Tit. 13 §§721, et seq.	1976	Yes, Tit. 13 §§727, 728	Yes, Tit. 13 §728	Yes
DISTRICT OF COLUMBIA	16-911(a)(5); 16-914	1983	Yes, 16-911 (a)(5)	No	Yes
FLORIDA	61.13	1977	Yes, §61.13(2)(b)2 “shared”	Yes, §61.13(2)(c),(6),(7)	Yes
GEORGIA	19-9-1, et seq.	1978	Yes, §19-9-3(a)(5)	Yes,

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