How is child custody determined if the parents live in different states?

When it comes to child custody, whether the parents live in the same state or not, it is important to realize there are two different terms that "custody" relates to.  There is "legal" custody, which means that the parent who has this custody will make important decisions regarding the child's education, religion, medical needs, etc.  Then there is "physical custody" which refers to which parent the child will live with.  Both of these can be shared, or divided according to what the court finds is in the best interest of the child.

When the parents live in different states, it is possible for the court to allow both to have legal custody, but it obviously requires that they remain in contact in some manner. How this contact is to be accomplished may also be mandated by the court. Physical custody can likewise be shared, even though the couple lives in different states.  This of course, makes it much more difficult.  The court will more than likely determine that one of the parents will be the primary custodian of the child.  Custody arrangements can be made in advance by the couple (or with the aid of arbitration) and presented and approved by the court.  But, under these circumstances, the manner in which shared custody can and will be carried out will have to be stipulated.  The court will not ignore important factors relating to the child, his security, education, etc.  It is doubtful a judge would allow for arrangements that too seriously upset the regular routine of a child, particularly if there is the potential for emotional distress as a result.