1. Location of court hearing   2. Date of hearing   3. Name of infant   4. Name of child's mother   5. Name of mother's current husband   6. Name of father   7. Award of custody   8. Stipulations

Custody Record from the Nineteenth Century

Child Custody

Custody matters have been a civil court matter for centuries in the United States. Generally, the court hears a petition from the person who is seeking custody of a child.

In the example, the court continues the case regarding a mother who sought support from the county for a son she reported as illegitimate. The child's father proved his paternity and sued for custody of the child.

The court minute book describes the situation before it and awards custody of the child to the father, which was a rare occurrence in 1822.

Custody entries are filed with a local civil court, sometimes called the county court, probate court, orphan's court, circuit court, or chancery court.

Most custody records have remained in the custody of the civil court in which they were created and can be obtained form the court clerk.

Genealogists have abstracted and indexed court records for many locations. Copies of those publications and thousands of microfilmed court minute and order books can be found at the LDS Family History Library, its local Family History Centers, and in the genealogy collections of private, local, state, and university libraries throughout the country.

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