20 Divisive Child Custody Cases in the US

One of the greatest joys of any marital union is childbearing and raising a family. However, when the union turns sour, one of the many issues estranged partners battle with is who will be in charge of the children’s custody. It may lead to another conflict in the dissolution process. This is a reason why you need a knowledgeable Alpharetta child custody lawyer to walk you through the process. 

This article will state the facts about child custody battles in the United States to help you make an informed decision if you want to split with your spouse. 

General Child Custody Facts in the US

1. In More Than Average Child Custody Cases, Both Parties Agree for the Mother to Care for the Child(ren)

In 51 percent of child custody cases, the couples mutually agree that the mother should be the custodial parent. Most couples (29 percent) reached this agreement without involving the court, while 11 percent needed a mediator, and five percent of the decisions were made after an extensive custody assessment. The court settled four percent of the cases. 

2. Couples Do Not Involve the Court in Over 90 Percent of Child Custody Cases

Child custody statistics show that couples resolved most child custody cases without involving a family court. That is, the judge played no role other than approving the agreement reached by the couples. 

3. The US Has 12.9 Million Custodial Parents

According to the US Census Bureau in a May 2020 report, the country had 12.9 million custodial parents with 21.9 million children. 

4. As of 2017, Custodial Parents Received an Average of $3,431 Child Support

Figures released by the US Census Bureau in 2017 showed that non-custodial parents paid their counterparts an average of $3,431 in 2017. 

5. 79.9 Percent of Custodial Parents in the US Were Mothers

Statistics from the US Census Bureau also showed that from 2018, four in every five of the 12.9 million custodial parents were mothers. The statistic represents a slight decline from what was obtained between 2014 and 2017, where 82.5 percent of custodial parents in the US were mothers. Thus, there is a paradigm shift of increasing likelihood of fathers being a custodial parent.

Child Custody Statistics by Race

6. About 48.8 percent of Black children in the United States live with a custodial parent

According to reports, about 48.8 percent of Black children live with a custodial parent, with their non-custodial parent living somewhere else. It shows that there is a high rate of divorce and separation among Black families. 

7. Just 22.7 Percent of White Children Live With a Custodial Parent

The 2018 US CB report shows that 22.7 percent of White children lived with their custodial parent, with the non-custodial parent living outside the household. 

8. 28.7 Percent of Hispanic Children Stay With Their Custodial Parent

Statistics show that more than a quarter of Hispanic children lived with their custodial parents as of 2018. 

9. 13.6 Percent of Children From Other Races Stay With Their Custodial Parent’s Relatives

Statistics reveal that 13.6 percent of children from Asian, Alaska Native, American Indian, and Pacific Island origins stayed with their custodial parent’s families as of 2018. It means the children were not with any custodial parent. 

Child Custody Statistics by State

10.  40 percent of US states want to give children equal time with each parent

The main issue in most custody cases is the time each party spends with the child(ren) after the split. Custody scheduling differs by state, but a 2018 study reveals that many US states now work toward giving each parent equal time with their children. The law caters to complicated instances like long-distance separations or convictions. The states include New Mexico, Wisconsin, Florida, Minnesota, Colorado, Alaska, Delaware, Virginia, North Dakota, Nevada, New Jersey, Missouri, Vermont, West Virginia, North Dakota, Kentucky, New Hampshire, Massachusetts, Maine, Connecticut, and Arizona. 

11.  22 Percent of Republican (Red) States Give Equal Time to Both Parents

Less than one-quarter of red states give equal time to the two parents; they give more time to the mothers. Most of them are not enthusiastic about distributing time equally to parents. Utah, Tennessee, and Oklahoma are some states under this category. 

12.  40 Percent of Democratic (Blue) States Distribute Time Equally to Both Parents

According to the survey by Custody X Change, 40 percent of Democratic states have reformed their law to ensure fathers and mothers spend equal time with their children. New Jersey, New Mexico, Massachusetts, and Delaware are examples of such states. 

13.  59 Percent of Swing States Distribute Custody Time Fairly Between Both Parents

Swing states have demonstrated a revolutionary approach to shared custody reform; 59 percent of them have endorsed equal custody time to both parents. Many citizens hope other states will take a cue from them. Some states that have taken this progressive step are Florida, Arizona, New Hampshire, Wisconsin, and Minnesota. 

14.  Teenagers in Georgia and Illinois Can Decide Which Parent to Live With

The law in Illinois and Georgia permits children up to age 14 to decide which parent to stay with. However, a judge may override the decision if it is not in the child’s interest. 

Child Custody Statistics by Gender of Custodial Parents

15.  40.4 Percent of Custodial Mothers Have Never Been Married

Figures on child custody cases reveal that more than 40 percent of custodial mothers were not married. The statistic for divorced mothers stood at 30.1 percent, currently married had 16.3 percent, widows were 11.9 percent, while separated had 1.3.

16.  41.6 Percent of Custodial Mothers Are 40 Years or Above

Statistics reveal that 41.6 percent of custodial mothers are at least 40 years old. It means most custodial mothers are somewhat young. 

17.  29.3 Percent of Custodial Fathers Were Never Married

According to the 2020 publication of the US Census Bureau, 29.3 percent of custodial fathers were never married, while 39.1 percent were divorced. There were 18.5 percent of currently married fathers, and 11.4 percent were separated. 

18.  54.6 Percent of Custodial Fathers Were Above 40 Years

These statistics show that older fathers have more odds of getting custody of their children. 

19.  51.4 Percent of Custodial Mothers in the US Have Full-Time Jobs

Although having a full-time job is not an assurance that a mother will get the custody of her child(ren), statistics of custody cases show that mothers with full-time employment often win the custody of their children more than their unemployed or partially-employed counterparts. 21.6 percent of custodial mothers are jobless. 

20.  74.3 Percent of Custodial Fathers Have Full-Time Jobs

“Most custodial fathers have full-time jobs,” states attorney Allen Russell. Statistics have established that judges and mediators grant custody in the child’s best interest. Thus, a parent with a sustainable source of income is more likely to take good care of the child. 9.2 percent of custodial fathers are jobless.