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Frequently Asked Child Custody Questions

The Custody Center

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Frequently Asked Custody QuestionsFrequently Asked
Child Custody
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77 Questions & Answers

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Full and complete expert answers to the most frequently asked (and most important) questions concerning every facet of child custody issues.

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Q-1 What is child custody?
Q-2 What is child visitation and a 'parenting plan'?
Q-3. What is a shared custody arrangement and how does it work?
Q-4. What are some common terms used in child custody: Legal Custody, Physical Custody, Sole Legal Custody,         Sole Physical Custody, Joint Legal Custody, Joint Physical Custody, Shared Custody?
Q-5. Can a court order drug testing of the parents when determining custody?
Q-6. Is there a danger in my ex-husband's request to arbitrate a modification of our parenting agreement?
Q-7. At what age can a child decide with which parent to live?
Q-8. What are some common arrangements for child visitation?
Q-9. My ex-wife moved to another state and I think her new husband is an alcoholic and abusive to her and my          kids. How can I change custody?
Q-10. Is marital status important in seeking child custody and visitation?
Q-11. What is the difference between custodial parent and non-custodial parent?
Q-12. Who is the custodial parent when there is no court order and the parents aren't married?
Q-13. Do the wishes of a child have any influence in custody decisions?
Q-14. What if the child's best interest does not coincide with the parents' personal desires?
Q-15. What factors go into determining custody and visitation?
Q-16. I have custody of my 9-year-old daughter and want to move to another state. Do I have to tell the court or           can I just go? If I have to tell the court, what will they do?
Q-17. What if both parents agree on child custody and visitation?
Q-18. What if the parents disagree on child custody and visitation?
Q-19. Can I move my kids out of state and then get a divorce?
Q-20. Is homosexuality an important factor in determining custody?
Q-21. My ex-husband is gay, has custody of our son and they live together with his partner. I'm afraid of the effect            that this may have on our son. Is there anything I can do?
Q-22. Does religion enter into the determination of child custody?
Q-23. What do you do about religion when the parents can't agree?
Q-24. If I'm going to leave my marriage and file for divorce, should I leave the kids with my spouse until I'm settled           elsewhere?
Q-25. Can expert witnesses be used in custody battles?
Q-26. Will moving in with another man ruin my chances of keeping custody of my daughter?
Q-27. Does an extramarital affair have an impact on custody?
Q-28. Can I modify our custody arrangement because of my ex-wife's Internet usage?
Q-29. Can custody rights be modified?
Q-30. My husband and I are separated, and he moved to another state. He had our child for a short visit, and filed            for divorce and custody in his state. What do I do?
Q-31. What if I do not like the present custody order? Can I file for custody in another state?
Q-32. How long must parents support their children?
Q-33. What is a visitation exchange?
Q-34. If child support is not paid, must visitation be allowed?
Q-35. Is a father who never married the mother still required to pay child support?
Q-36. Will the court allow me to change my child's last name to mine, from the father's last name, since her father            isn't a major part of our daughter's life?
Q-37. What if the custodial parent wants to move away from the non-custodial parent?
Q-38. Is a stepparent obligated to financially support his or her stepchildren?
Q-39. I have custody of my son, but the court papers state that his mom has custody. Where do I file to get legal custody of the child?
Q-40. Do I have to pay child support if my ex keeps me away from my kids?
Q-41. Do grandparents have visitation rights?
Q-42. Can grandparents be awarded custody of their grandchild(ren)?
Q-43. Do fathers have the same right to child support as mothers?
Q-44. Can non-biological parents be awarded custody?
Q-45. How can I enforce my visitation rights in another state?
Q-46. I have custody of our children. Can I claim the child as a dependent?
Q-47. Can the mother of my child get a modification of our visitation order because our son has a lot of homework            to do?
Q-48. My ex has custody of our daughter and I have visitation rights. My ex left the state without informing me of            her whereabouts. The custody agreement says she cannot leave without the court's, and my, permission.            What are my options?
Q-49. What happens in a custody dispute where one parent is mentally ill?
Q-50. My fiancé and I want to move out of the state for a better job. Do I have to inform the biological father of this            upcoming move? We have no formal court order regarding child custody or support. He has not seen his            daughter since birth, or contributed any money.
Q-51. How can I make my ex-wife respect my visitation rights?
Q-52. Are there juries in custody cases?
Q-53. My child's wish is to stay with me because I order his life, in contrast to his mom who lets our child do            anything he wants. Will the judge take that into consideration in determining custody?
Q-54. I have joint custody with my ex who just drops off our child at his mom's during the school week and picks            her up at 9 pm. He does not supervise her homework or her personal hygiene. Can I revise this custody            arrangement?
Q-55. Can I secretly tape my son's telephone conversations with my ex for possible use in court?
Q-56. My ex does not deliver our teenage son at the scheduled times/days. How do I go about enforcing the            schedule as worked out in the court degree?
Q-57. My ex is alienating the child from me. What can I do?
Q-58. I live in one state, my ex lives in another with the children. Visitations are at his discretion. Where do I go to            work out a schedule?
Q-59. Under a court order I give up my kids to my ex for several weeks in the summer. Do I have the right to deny            him those weeks because they are in conflict with the days I would like?
Q-60. My husband's ex is mad at him and won't let me see his child at the court appointed times, though they both            have legal joint custody. She tells him that she doesn't trust him. Can we just go and pick up the child from            school?
Q-61. My ex-husband's mother took my child from my ex while the child was on a visit, and she may have fled the            state. I've called the police. What else can I do?
Q-62. I married a man in the military after my divorce. He was recently re-assigned to another out-of-state base.            Could my ex-husband stop us from taking the children to the new location?
Q-63. My husband and I were godparents at the baptism of our best friend's child. The couple was killed in an            accident. The grandparents are filing for custody. Do we have any rights as godparents in this matter?
Q-64. My ex-wife has had custody of our children for several years since the divorce, and I would like to have            physical custody of them for awhile. Under what circumstances can I obtain a change of custody?
Q-65. What qualifies as a 'material change of circumstances'?
Q-66. My husband and I took in our 8-year old grandchild who has ostensibly been abandoned by both of his            biological parents. We would like custody. How do we go about it?
Q-67. My ex, who has custody of our 6-year-old son, lives with someone without being married. Can custody be            changed in this situation? What if it was a homosexual living arrangement?
Q-68. My ex-spouse and I are divorced. I have custody of the teenagers, and he has visitation rights. My daughter            has told me that he is 'strange' with them, not in any sexual way, but erratic in his behavior. As a result I am            concerned about my children's health and safety during his visitation periods. Can I do anything about it?
Q-69. I was awarded custody of my 2-year old son after my 8-year marriage collapsed. I remarried shortly            thereafter and my son considers my husband his 'real' dad, especially since his biological father hasn't            seen him at all. In the event that I die, can the child custody be transferred to my new husband?
Q-70. My ex wants to relocate with our daughter to California. Can I ask the court to require internet visits as a            condition to have the child be relocated?
Q-71. Are internet visits counted against my visitation time?
Q-72. Will a court look negatively on my smoking around my child?
Q-73. Can a prenuptial agreement contain provisions on future children's custody and support?
Q-74. What happens when visitation rights are frustrated?
Q-75. My son is going through a divorce. I am afraid that his wife will exclude us from seeing our grandchild. Can            she do this?
Q-76. Can visitation be denied to a non-custodial parent?
Q-77. Can I terminate my ex-spouse's visitation if he or she doesn't pay child support?

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Frequently Asked Child Custody Questions

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