By state

Custody documentation, state by state

The habits of good documentation are universal. Three things aren’t: whether you may record conversations, what your state’s courts call custody, and where your case would be heard. Pick your state for the specifics.

California

Legal custody and physical custody | Superior Court's family law division

all-party consent

Texas

Conservatorship (managing and possessory conservators) rather than custody | District Court

one-party consent

Florida

Parental responsibility (shared or sole) and time-sharing rather than custody and visitation | Circuit Court's family division

all-party consent

New York

Legal custody and physical (residential) custody | Family Court (or the Supreme Court within a divorce case)

one-party consent

Pennsylvania

Legal custody and physical custody | Court of Common Pleas

all-party consent

Illinois

Allocation of parental responsibilities (decision-making) and parenting time rather than custody and visitation | Circuit Court

all-party consent

Ohio

Allocation of parental rights and responsibilities | Court of Common Pleas

one-party consent

Georgia

Legal custody and physical custody | Superior Court

one-party consent

North Carolina

Legal custody and physical custody | District Court

one-party consent

Michigan

Legal custody and physical custody | Circuit Court's family division

one-party consent

Alabama

Legal custody and physical custody | Circuit Court

one-party consent

Alaska

Legal custody and physical custody | Superior Court

one-party consent

Arizona

Legal decision-making and parenting time | Superior Court

one-party consent

Arkansas

Legal custody and physical custody | Circuit Court

one-party consent

Colorado

Parental responsibilities: decision-making responsibility and parenting time | District Court

one-party consent

Connecticut

Legal custody and physical custody | Superior Court

mixed consent

Delaware

Legal custody and primary residence | Family Court

mixed consent

District of Columbia

Legal custody and physical custody | Superior Court of the District of Columbia

one-party consent

Hawaii

Legal custody and physical custody | Family Court

one-party consent

Idaho

Legal custody and physical custody | Magistrate Division of the District Court

one-party consent

Indiana

Legal custody and physical custody | Circuit or Superior Court

one-party consent

Iowa

Legal custody and physical care | District Court

one-party consent

Kansas

Legal custody | District Court

one-party consent

Kentucky

Legal custody and physical custody | Circuit or Family Court

one-party consent

Louisiana

Custody under the Civil Code | District Court

one-party consent

Maine

Parental rights and responsibilities | District Court

one-party consent

Maryland

Legal custody and physical custody | Circuit Court

all-party consent

Massachusetts

Legal custody and physical custody | Probate and Family Court

all-party consent

Minnesota

Legal custody and physical custody | District Court

one-party consent

Mississippi

Legal custody and physical custody | Chancery Court

one-party consent

Missouri

Legal custody and physical custody | Circuit Court

one-party consent

Montana

A parenting plan setting residential schedule and decision-making | District Court

all-party consent

Nebraska

Legal custody and physical custody | District Court

one-party consent

Nevada

Legal custody and physical custody | District Court

all-party consent

New Hampshire

Parental rights and responsibilities: decision-making and residential responsibility | Circuit Court

all-party consent

New Jersey

Legal custody and physical custody | Superior Court

one-party consent

New Mexico

Legal custody and physical custody | District Court

one-party consent

North Dakota

Parental rights and responsibilities: residential responsibility and decision-making responsibility | District Court

one-party consent

Oklahoma

Legal custody and physical custody | District Court

one-party consent

Oregon

Legal custody | Circuit Court

all-party consent

Rhode Island

Legal custody and physical custody or placement | Family Court

one-party consent

South Carolina

Legal custody and physical custody | Family Court

one-party consent

South Dakota

Legal custody and physical custody | Circuit Court

one-party consent

Tennessee

A permanent parenting plan naming a primary residential parent and setting a residential schedule | Circuit

one-party consent

Utah

Legal custody and physical custody | District Court

one-party consent

Vermont

Parental rights and responsibilities | Family Division of the Superior Court

one-party consent

Virginia

Legal custody and physical custody | Juvenile and Domestic Relations District Court

one-party consent

Washington

A parenting plan with a residential schedule and decision-making | Superior Court

all-party consent

West Virginia

Allocation of custodial responsibility and decision-making responsibility | Family Court

one-party consent

Wisconsin

Legal custody and physical placement | Circuit Court

one-party consent

Wyoming

Legal custody and physical custody | District Court

one-party consent

All 50 states and Washington, D.C. are covered. The record-keeping fundamentals for every state are in our guides.

These pages are general information, reviewed in July 2026 and rechecked for some states in October 2026 (each page shows its date), not legal advice. Laws change; consult a family-law attorney in your state.