Oya Shield

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

all-party consent

Delaware

Legal custody and primary residence · Family Court

all-party 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

More states are on the way. The record-keeping fundamentals for every state are in our guides.

These pages are general information reviewed in July 2026, not legal advice. Laws change; consult a family-law attorney in your state.