Child Custody
You love your children and want them safe. Custody law in the United States is built around one question: what is best for the child.
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Three things to know
If you only read one section, read this one.
In many states, leaving an abusive home with your children to stay safe is protecting them, not kidnapping.
You do not need to be a citizen to ask for custody. Family courts are open regardless of immigration status.
A custody order today is not forever. As your life grows stronger, you can ask the court to change it.
What does the law say?
The rules, in everyday words.
Legal custody, physical custody, and visitation
Legal custody means the power to make big decisions about school, health, and religion. Physical custody means where the child lives. Visitation, also called parenting time, is scheduled time with the other parent.
The best interests of the child
Judges decide custody by asking what keeps the child safe, healthy, and loved. Money, gender, and in many states immigration status do not decide the outcome on their own.
Courts consider domestic violence
Evidence of abuse matters. Courts across the country weigh domestic violence when deciding custody, and a judge can order supervised visitation, meaning visits watched by another adult, to keep children safe.
Custody orders can be changed
A custody order is not permanent. If life changes in a big way, such as a move, new evidence of abuse, or a parent's situation improving, you can ask the court to modify it, meaning update it.
What can I do next?
- 1Put your child's safety first If you are in danger, your safety comes first. Go somewhere safe with your children if you can. Call 911 in an emergency, or the National Domestic Violence Hotline at 1-800-799-7233 for a safety plan.
- 2Get advice before crossing state lines Moving to another state with your children can affect your case. Before a long-distance move, talk with a legal aid lawyer, a free lawyer for people with low income, about your options.
- 3Learn your state's custody rules Visit WomensLaw.org and choose your state. It explains custody, visitation, and protection orders in plain language, and the site is also available in Spanish.
- 4Gather your records Collect school and medical records, photos, messages, police reports, and notes showing you care for your children daily. Keep copies somewhere safe, like with a trusted friend or in a private email.
- 5Find free legal help Go to LawHelp.org, enter your state, and search for family law. Many legal aid offices help with custody for free, and you can ask for an interpreter.
Who can help for free?
Real people, no cost, and interpreters are available when you ask.
National Domestic Violence Hotline
Free, confidential, 24/7 support and safety planning, with interpreters in many languages.
WomensLaw.org
Plain-language custody laws for every state, plus a free confidential email hotline for legal questions.
LawHelp.org
Connects people with low income to free legal aid and self-help resources in their state.
Childhelp National Child Abuse Hotline
Free 24/7 counselors if you are worried about a child's safety or possible abuse.