Divorce custody laws

Although state divorce and custody laws vary, the general test used turns on the best interest of the child. During tender years (preschool) a mother is ordinarily presumed to be more capable of providing love, care and support needed. The presumption is rebuttable. More mature children are often requested to testify in court if custody is disputed. The weight assigned to a child's testimony is within the discretion of the judge.

Anyone confronting separation and potential termination of a marriage should be aware of applicable family laws. The best source of current legal information is through local family law lawyers. The majority of family law lawyers practicing today offer free initial consultations. If you need assistance finding a lawyer, state bar associations generally provide free lawyer referral programs. Be aware that courts and court personnel are generally prohibited to offer potential parties what may be deemed as legal advice.

Free legal representation may also be available through legal foundations and volunteer lawyer programs. In general, legal foundations operate on a not-for-profit basis and services provided are ordinarily limited to low income families. Family law lawyers also frequently provide free legal services (pro bono) through state bar associations. Both types of resources place further restrictions on assistance provided, such as length of time separated, length of state residency, and county of residence. To locate free resources in your area call your state or local bar association.