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Child Custody by State – Similarities and Differences

If you are planning to file for child custody, you should be aware of the fact that different states have different child custody laws. Therefore, if you are a resident of one state, you can only apply for child custody by state laws. Although these child custody laws are somewhat similar in different states, there are still some differences in the laws of each state. Some of the resemblances and variances are given below.

Similarities in State Laws

The biggest similarity between child custody laws in different states is that all states grant the guardianship centering on the best interest of the children. For all courts, the custody battle means looking out for the future and benefit of the children. In this regard, all state courts might decide upon granting the custody to a parent who has proved to be the most responsible for the child.

Also, the US has formed a uniform child custody act which states that the ‘home’ state of the child has the jurisdiction to decide. The home state is the one in which the child has resided for a period of more than six months.

Therefore, you should be aware that filing for child custody by state laws still mean that you won’t be granted the custody if you have not been a responsible parent.

Differences in State Laws

There are many differences in state laws. As already stated, the basic premise behind child custody by state laws is the same. All courts decide on what is best for the child. However, to establish the best interest of the children, some of the states might look into factors such as the principal caretaker of the kids in the marriage etc. However, the laws may differ in terms of circumstances. For instance, different states have different laws in case of spouse abuse. In such cases, most states award the child custody to the victim of abuse so as to protect the children from any abuse.

Therefore, while planning to file for child custody, read the custody laws for your state. Filing for child custody by state laws might sometimes prove to be beneficial for you if the rules are in your favor.

Written by Custody Lawyer on May 7th, 2011 with no comments.
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