Navigate:

What about custody in an interracial marriage?

Courts in the United States do not like to consider race when deciding custody. No state includes race as a factor in any child custody statute, and, in fact, the United States Supreme Court has ruled that race cannot be a factor when deciding child custody. Sometimes the argument is made that a mixed race child would identify with the minority parent and should be raised by that parent, but this argument is rarely successful. Judges are, once again, more concerned with the best interests of the child in regard to the parent-child relationship and the stability and continuity of the custodial home.

There have been some cases reported in the news media in which the judge has denied custody to the parent that entered into an interracial relationship after the divorce. These types of cases are both rare and illegal, violating the ruling of the United States Supreme Court mentioned above, which is why these cases are highly reported by the media. It is unlikely that race, at any time, would have any effect on child custody and the courtís decision.