Fault has survived in some aspects of divorce proceedings. It was once relevant to a decree of divorce and irrelevant to such matters as child custody and property divisions. Under current trends marital misconduct is irrelevant to the divorce itself, but it may be relevant to related matters such as child custody, child support and child visitation rights, spousal maintenance, and property distribution. Historically, custody of the children of divorcing parents was awarded to the mother. Today, courts exercise their discretion in awarding custody, considering all relevant factors, including marital misconduct, to determine the children's best interests.
Many parents are able to reach settlements on custody and visitation through mediation.
Joint custody is a popular option among conciliatory spouses. In determining child support obligations, courts generally hold that each parent should contribute in accordance with his or her means. Child support is a mutual duty. Such statutes prevent a nonsupporting spouse or parent from escaping obligations by moving to a different state. State laws also make nonsupport of a spouse or child a criminal offense, and uniform laws now give states the power to detain and surrender individuals wanted for criminal nonsupport in another state.