When parents decide to divorce or separate, one of the most difficult issues they must resolve is a custody arrangement for any children involved. Custody determinations not only impact the lives of the parents, but also the children, so it is critical that parents understand their legal rights and responsibilities. This guide examines some key statistics and provides an overview of legal considerations for custody.
In This Article
Marriage and Divorce Trends
In recent years, the marriage rate in the United States has declined to 6.2 marriages for every 1,000 people. In 2019, there were just over 2 million marriages nationwide. However, the divorce rate has also declined. Of the 45 states that report divorce statistics, the divorce rate is 2.4 divorces for every 1,000 people. In 2019, there were about 674,000 divorces in reporting states. These marriage and divorce trends impact child custody arrangements.
Settling Custody Outside of Court
When parents divorce, they must determine a custody arrangement for any children involved. According to research, about 90% of parents settle custody issues through mutual agreement rather than through a judge’s ruling. This demonstrates that most parents prefer to resolve custody privately to spare children contentious court battles. Parents have options like mediation and collaborative law to reach custody agreements out of court.
Custodial Parent Statistics
There are about 12.9 million custodial parents in the U.S. A custodial parent is defined as the parent that a child lives with for the majority of the time. Most often, mothers are custodial parents. Fathers make up about 18% of custodial parents, while mothers account for over 80%. When looking at joint custody arrangements, mothers still tend to have primary physical custody more often than fathers.
State Laws on Joint Custody
When parents cannot agree on custody, state laws determine how custody is decided. There is a trend toward favoring joint custody, which means that parents share decision-making responsibilities and/or equal parenting time. Currently, about 40% of states have laws expressing a preference for joint custody if it serves a child’s best interests. More states are moving toward joint custody to encourage the ongoing involvement of both parents.
Parental Agreement on Custody
Despite changing laws, parental views have a strong influence on custody outcomes. Statistics show that in over 50% of cases, parents voluntarily agree that the mother should have sole physical and legal custody of children after divorce. Fathers agree to this arrangement more often than mothers. Views on traditional gender roles likely impact this statistic. Even when fathers seek custody, mothers obtain sole custody in a majority of litigated cases.
Legal Considerations in Custody Disputes
When parents cannot agree, judges examine factors like the child’s relationship with each parent, parenting abilities, and the parents’ willingness to cooperate. Judges look at arrangements like sole custody to one parent, joint legal or physical custody, and split custody of siblings. Parents should understand their legal custody rights in their state and seek advice from child custody lawyers or family law attorneys. A child custody lawyer can provide guidance on state laws and court procedures. Communication, cooperation, and focusing on children’s best interests can lead to a smooth resolution of custody issues.
Custody decisions have long-term impacts on families. Understanding relevant statistics and legal considerations allows parents to make informed choices. By educating themselves about state laws and considering children’s needs first, parents can often settle custody in the best interests of the entire family.
