When determining which parent gets custody of a child—especially when both parents are capable but live in different states—courts prioritize the best interests of the child. Key factors include each parent’s ability to provide a stable, safe, and nurturing environment; the child’s relationship with each parent; the child’s emotional, educational, and physical needs; and, depending on the child’s age and maturity, the child’s own preference. Courts also consider the impact of relocation, such as how moving to or staying in a particular state will affect the child’s schooling, social connections, and overall well-being.

If both parents are fit, the court may favor the parent who can provide continuity in the child’s life or is more likely to support a healthy relationship with the other parent. Jurisdiction is also guided by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which typically gives authority to the child’s “home state”—the state where the child has lived for at least six consecutive months prior to the custody proceeding.