Child Custody

FAQs (Frequently Asked Questions) about child custody and visitation issues. If you are getting a divorce and have children this area will help you better understand the issues of your divorce that will include your children.

• What is child custody?
• What child custody arrangement is considered best?
• Does a custody dispute need to go to trial?
• Do I need a lawyer for a child custody dispute?
• What is the typical judicial attitude towards custody?
• What are parent’s attitudes towards custody?
• After divorce, how do majority of parents react to custody arrangements?
• How is child custody decided?
• What is a typical child custody statute?
• What is the most important factor in deciding child custody?
• Why is the parent-child relationship factor so important?
• What if my ex-spouse "poisons" the relationship between me and the child(ren)?
• Should I have someone to evaluate the relationship between me and my child(ren)?
• Is this evaluation the same as a "custody evaluation"?
• How long does the child custody evaluation process take?
• Should a boy live with his father and a girl live with her mother?
• Do young child(ren) need their mother more than their father?
• What if I was more responsible for the child(ren) than my spouse?
• What about religious preferences?
• What about custody in an interracial marriage?
• What if I am in better health than my spouse? How does that effect custody decisions?
• My wife works outside the home, therefore spends little time with the child(ren). Should I be awarded custody?
• My husband smokes marijuana on a daily basis. Should he be barred from being granted custody?
• My ex-wife’s boyfriend smokes cigarettes, and my child has asthma. Should I be awarded custody?
• My soon to be ex-husband is living with his girlfriend. Can I prevent him from having visitation?
• My soon to be ex-wife is a lesbian. Should I be awarded custody?
• Should I be awarded custody, since my ex-husband spanks our child(ren)?
• What should I do if I think that my ex-husband is molesting our child(ren).
• My son wants to live with me. Should his wishes be honored and/or considered by the judge?
• When is my child declared independent?
• I’ll take custody of our son, and my wife will take custody of our daughter. That’s fair, isn’t it?
• My ex-husband used to abuse me. What if I do not want him near the children?
• Does there have to be a custody agreement?
• Can a non-parent obtain custody of my child(ren)?
• How is child custody jurisdiction established?
• Can my child be used as a witness in court relative to our divorce proceedings?
• During the time of separation, should I ask my child with whom he or she would want to live?
• What is joint physical custody?
• Is joint legal custody a better solution?
• If we don’t get along, how can we have joint legal custody?
• Why does joint physical custody seem so complicated?
• What is visitation and how does it work?
• How do my spouse and I devise a visitation schedule?
• Do all parents have the right to visitation?
• Can a visitation schedule be modified at a later date?
• What should I do if my child does not want to see me?
• How do I make the most out of the little time I have with my child(ren)?
• How can I keep a close relationship from a distance?
• How can I get to know my child(ren) again?
• My ex-husband moved 60 miles away after the divorce. How can we establish schedule to accommodate for the distance?
• Do we have to keep the same visitation schedule?
• Can I request limited visitation?
• I don’t like my ex-wife’s new boyfriend. Can I get an order saying he can’t be around during visitation?
• I don’t like my ex-husband’s new boyfriend. Can I get an order saying he can’t be around during visitation?
• When can the judge deny visitation rights?
• My ex-wife is interfering with my visitation. What can I do?
• I never get to visit my child(ren) Can I stop paying child support?
• What if my child chooses not to adhere to the visitation agreement?
• I’d like visitation with my ex-wife’s children, but I’m their stepfather. Can I be granted visitation?
• I’d like visitation with my gay ex-partner’s biological child. Is this possible?
• What if my ex-husband’s parents want visitation?
• What if my ex-wife just got a new job in another state, and wants to move there with the child(ren)?
• For what reason(s) may a custodial parent relocate with the children?
• If my ex-wife moves with the child(ren), can my child(ren) visit me for longer periods of time?
• My ex-wife is moving away with the children. Can I petition for custody?
• Will my children have to fly alone to visit me?
• Who’s going to pay for the traveling expenses?
• What if we can’t afford the travel expenses?
• Can my spouse and I specify our child custody arrangement in our separation agreement?
• If we can specify our child custody arrangement, does the court have to approve it?
• What if we cannot agree on our child custody arrangement?
• Can we put in our agreement that one spouse shall be responsible for making all the decisions for them?
• How is this stated in the separation agreement?
• What would be considered as "major decisions"?
• Would we be able to specify a joint custody arrangement in our agreement?
• How would a typical clause for joint custody read?
• Would we have to declare where the child(ren) would live under a joint custody arrangement?
• How can that be phrased?
• What if we would not be able to agree on the "routine decisions" after the agreement has been executed?
• Can the interests of the children be included in the agreement?
• Are there other clauses we can add, which address issues related to education, religious, or social activities?