Children and Divorce FAQS

You can browse our previously answered children and divorce faqs (questions and concerns) by clicking on each of the topics below:

Topics:

Parental Kidnapping

• How can I keep him from taking our son while we are separated?
• He's threatened to take our son and leave if I divorce him.
• How can I prevent my husband from taking the kids out of the country?
• What can I do if he moved away with the kids without telling me?
• Is it kidnapping if I visit my family out of state when he's in prison?
• Can grandparents file kidnapping charges against a parent?
• My ex didn't return the kids from visitation. What can I do?
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Temporary Child Custody

• Do you need an attorney to file for temporary child custody?
• Can temporary custody be established outside of the court?
• What is the process for getting temporary custody?
• How long is it from the temporary custody hearing to the final hearing?
• How can a temporary custody order be changed?
• Can temporary be changed if the DCFS charges are dropped?
• Help, the judge awarded temporary custody to him.
• Can I appeal a temporary shared custody order?
• Can I appeal a temporary custody order?
• Can he keep the children away from me until after the divorce?
• When does he have to return our child if temporary custody is granted?
• How long are temporary child custody orders valid?
• Can I keep him from taking our son while we are separated?
• Can he claim temporary custody if the kids are just visiting?
• How does a temporary parenting plan affect the final parenting plan?
• Can I get a passport for my kids without their father's consent?
• Can I pick up my kids if my sister-in-law has temporary custody?
• Can I get temporary custody of my grandchild?
• Can we get temporary custody of our grandchild if my daughter agrees?
• Can I get temporary custody of my grandchild if the state took her away from her parents?
• How can I get full custody if I have temporary custody of my grandchild?
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Temporary Custody and Domestic Violence

• I found out I was pregnant after I left. Do I have to tell him?
• Can I add my unborn baby to the order of protection against my ex?
• Will I be able to keep temporary custody at our hearing?
• Do I still have custody if the restraining order has expired?
• He has a history of domestic abuse. Can he get custody?
• She won't leave because she's afraid he'll get custody.
• Can I get sole custody if he's verbally abusive to me?
• He threatened to take me to court if I don't sign over custody.
• He violated the restraining order. Can the relocation provision be modified
• Can supervised visitation be part of our custody agreement?
• Will our custody arrangement change if I go back to him?
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Custody Jurisdiction

• Can he keep my son in the state if I'm only there temporarily?
• Do I have to fight for custody in Illinois if the kids live in Ohio?
• Can the state we live in now handle our custody issues?
• Which state has jurisdiction over custody and support matters?
• How can I get the custody jurisdiction changed?
• Can I get the jurisdiction changed since we've both left the state?
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General Child Custody Questions

• What does legal custody mean?
• What's the difference between sole and joint custody?
• Does joint custody mean equal time with each parent?
• What if the kids live in the house and the parents move in and out?
• How can I get a custody and visitation order?
• What can I do if he restricting my access to the kids?
• How can I file for custody if I don't know where he is?
• Do I need my ex's agreement to give custody to my mom?
• Am I in violation because I couldn't contact him about our move?
• How often do I have to let me ex talk to the kids on the phone?
• If there's a restraining order, am I violating the custody order by not giving him my address?
• How can I cope when he provokes me in front of the kids?
• Can he get custody if he's only seen our child once?
• Could he get custody after being absent for 13 years?
• Can he get joint custody if he doesn't even use his visitation?
• We agreed to joint custody, but now he says that he's the primary parent.
• What if my ex was named primary custodian but the kids live with me?
• I'm afraid he'll get custody of the baby if we divorce.
• What are my chances of custody if he's abusive?
• What are my chances of custody if the other parent is disabled?
• Will it hurt my chances of getting custody if I move out without the kids?
• Can he get custody because I had an affair?
• Can he get full custody if his parents watch our kids while we work?
• How do I file for custody if I don't know where the father is?
• Can I decide on the school district if I'm the custodial parent?
• Who gets to decide which school the child attends?
• At what age can a child decide where to live?
• Would a judge allow the children to be split up?
• How will it affect custody if I live with my parents?
• Can I get a different judge for our custody case?
• Does he have a right to talk to the daycare if I have custody?
• Can he get custody changed because I'm living with my boyfriend?
• Could I lose custody if my boyfriend got a DWI?
• Could I lose custody because my ex says I'm crazy?
• How often can my ex take me back to court for a custody change?
• What are possible custody arrangements if the parents live in two states?
• Can custody issues be decided without going to court?
• Should I file for custody before I file for divorce?
• Should I get a custody order to keep him from just taking the kids?
• Will I be able to retain custody once the baby is born?
• Would my husband have any rights if my unborn baby isn't his?
• Will it affect custody if I'm pregnant by another man?
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How Is Custody Determined

• How does the judge decide who is the better parent?
• Can I get a different judge for our custody case?
• Can a custody order be appealed?
• How can we reach an agreement on custody?
• How can I prepare for a custody battle?
• Can my ex keep our son for 6 months without getting full custody?
• Can he get custody if he takes care of the kids?
• Will the fact that I don't have a job affect custody?
• Will it affect custody if I work as an exotic dancer?
• How will it affect custody if I live with my parents?
• Will my living arrangements affect the custody decision?
• Will it affect the custody decision if I live with my boyfriend?
• Will infidelity or adultery affect who gets custody?
• Will it affect custody if I'm pregnant by another man?
• Can he get full custody because I'm a lesbian?
• Can I get physical custody if the kids live with me?
• Will I be able to retain custody once the baby is born?
• I can get full custody and make sure there's no over-night visitation?
• Can I get custody if my ex doesn't take care of our daughter properly?
• Can the kids be with me more than me ex if we have joint custody?
• Will he get custody just because the house is in his name?
• At what age can a child decide where to live?
• How much does the child's preference affect custody decisions?
• Can my child tell the judge his side of the story if we go to trial?
• Will his Dad know what he tells the judge?
• He threatens to take my son if we ever get divorced.
• He says that he'll get custody because me and the kids moved out.
• Is custody affected by who files for a divorce first?
• Can custody be established after the divorce?
• Is the custody decision based on the evaluators recommendations?
• Can he use my disability against me?
• Can he use my history of depression against me to get custody?
• Will my bi-polar, job history, and affairs affect who gets custody?
• Will the judge's bias towards men affect my case?
• Will he get custody just because I'm in the military?
• Will possible deployment affect my chance of getting custody?
• How can I get custody back after being deployed by the military?
• Will I get custody if their father is in jail?
• How is custody affected if he's been convicted of a crime?
• Can he get custody if he's abused me and the kids?
• Can I get custody if he's violent and threatening?
• Can he get joint physical custody if he's an alcoholic?
• How can I prove that he's an alcoholic?
• He said I will never get custody because of my past.
• Can he get joint custody if he's gay?
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Questions about the Guardian Ad Litem

• Will a Guardian ad Litem be appointed if we go to court?
• Should I expect a decision after the GAL's report or a trial?
• Will my son's attorney speak for my son?
• What if the other parent is able to fool the GAL?
• Can the GAL share a parent's concerns with the other parent?
• Should I report how the GAL handled my case?
• How can I fire the Guardian Ad Litem?
• On what grounds can a guardian ad litem be replaced?
• How can a new Guardian Ad Litem be appointed?
• Can I request a new GAL if there is a conflict of interest?
• How can I dispute false claims?
• Can my children request a custody change?
• Can the GAL make me move out of my fiancé's house?
• Can the Law Guardian make me change child therapists?
• Does she have to go on visitation if he's not her real father?
• Would a GAL help in issues after the divorce?
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Shared Physical Custody

• What are good reasons for not having shared parenting?
• When is the best time to implement 50/50 custody?
• Will moving out without my son hurt my chances of joint custody?
• Can the kids be with me more than their Dad if we have joint custody?
• He wants shared custody, but I'll be breast-feeding my son.
• Is 3 years old too young for a shared-parenting arrangement?
• Can I appeal a temporary shared custody order?
• He works nights. Is shared physical custody practical?
• Should we change the schedule if he loses his job?
• How can we do a shared parenting plan around his erratic schedule?
• Should shared parenting be changed when a child starts school?
• Does the 50/50 split have to continue until school starts?
• Can I get full custody and change schools if we've shared custody?
• Should we change our agreement when school starts and custody shifts?
• Who gets to decide where the child goes to school?
• How do we resolve which school district he will go to?
• Can a 50/50 custody order be modified if nothing has changed?
• Can shared custody be modified if he's an irresponsible parent?
• What can I do if he wants shared custody after no contact for a year?
• Can he get joint custody if he doesn't even use his visitation?
• What can I do if my kids hate the arrangement?
• Can he get shared custody with his criminal background?
• Can he get shared custody if he's in prison?
• Can he get joint custody if he's gay?
• If he has shared custody of his first child, will it affect our situation?
• What can I do if my son decides to live with his dad full time?
• Can I refuse to send her back to an abusive environment?
• Can shared custody be changed if he has mental health issues?
• Can he change the shared-parenting arrangement?
• How does relocation affect shared physical custody?
• Is 2 months with each parent a good idea for a toddler?
• What can I do if he's in violation of the custody agreement?
• I can't contact my kids when they're at their father's house.
• Can he dictate whether my boyfriend can be around our child?
• Who claims the children for taxes if custody is split evenly?
• Do I have to provide everything for my son if share custody?
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Sole Custody Rights

• What is the difference between sole custody and termination of parental rights?
• What kind of proof do I need to get sole custody?
• How do I prove that sole custody is in the best interest of my child?
• Can I get sole custody so I can control the visitation?
• Do we have to go to court if he agrees to give me full custody?
• What are the chances that I will get sole custody?
• Can he take my daughter to live with him if I have sole custody?
• Do I need sole custody to get my child's passport without his permission?
• Can he make me me sign passport papers if I have sole custody?
• Will I need his permission to move if I have sole custody?
• Can I get full custody if the kids are miserable around their dad?
• Can I get sole custody if he's mentally ill?
• Can I get sole legal custody if I already have sole physical custody?
• Can I get sole custody if he isn't paying the ordered child support?
• Will he have to pay child support if I get sole custody?
• Does he have the right to access records if I have sole custody?
• Can I get full custody of my unborn baby if he abandoned us?
• Can I get sole custody if he's not on the birth certificate?
• Can I make sure that he never gets custody, even if I die?
• What if he's physically abusive to the kids?
• Can I get full custody if my ex's wife abuses my son?
• Can I get sole custody if he's emotionally abusive to our son?
• Can I get sole custody if he's verbally abusive to me?
• Should I try for sole custody if I'm afraid of him?
• Can he get sole custody if he's physically and mentally abusive?
• Can I get sole custody if he's had inappropriate contact with minors?
• Can he get full custody if his parents watch our kids while we work?
• Could I lose custody because I'm on welfare?
• Can I get sole custody if my ex is unemployed and moving?
• Can sole custody be changed?
• Can he get joint custody after I've had sole custody for 10 years?
• Can I seek full custody if he stops seeing the kids?
• Can I get sole custody if my ex has no contact with the kids?
• What if my ex has only seen our child once?
• Can he get full custody by lying to obtain a default divorce?
• Can he get sole custody if he has a felony conviction?
• I'm afraid he'll try to get visitation if I ask for more child support.
• Can I get full custody if I suspect that he's doing drugs?
• Can he get custody if I'm dating someone who's been in rehab?
• The judge ordered a hearing. Could he really get custody changed?
• Can I move away if I have sole legal custody?
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Changing Child Custody

• Can I get custody of my son back if his father dies?
• Should custody be changed so he won't interfere with medical decisions?
• Can custody be changed so visitation is not so traumatic to my son?
• Would emotional abuse be grounds for a change in custody?
• Would the children's safety be grounds for a custody change?
• What if CPS won't change custody if the Judge feels the child is safe?
• How can I keep my daughter safe if her abusive father has custody?
• Why is there a waiting period before a judge will change custody?
• Should I change custody if he doesn't see the kids?
• Can custody be changed if his father doesn't want to see him?
• Can shared custody be modified if he's an irresponsible parent?
• Can custody be changed if their father has no morals?
• How do I prepare for a custody trial if I don't have a lawyer?
• How often can my ex take me back to court for a custody change?
• How do I protect my custody rights if he stays with his Dad?
• Could I lose custody if he goes to live with his Dad?
• How do I protect my rights if my kids will live with their Dad for 2 years?
• Is it considered abandonment if I take him to his father's and move?
• Do we have to go back to court if everyone agrees to the change?
• Is counseling a good idea before having to go to court?
• How can I get custody back after being deployed by the military?
• My daughter wants to live with her Dad because he's less restrictive.
• Will my son get to go live with his Dad when he turns 12?
• My son wants to move back with me. How do I do this legally?
• Can he get custody of my two month old?
• Can he get custody just because I'm pushing for child support?
• If custody is changed, how will it affect child support?
• He wants to change custody so he doesn't have to pay child support.
• Would giving him full custody terminate my parental rights?
• Will my ex's remarriage give him leverage to change custody?
• How can custody be modified if he can't be located?
• Can custody be changed because my lawyer advised me to move?
• How can I get a sole custody agreement changed?
• Why is it taking so long to get custody changed?
• Can he get custody simply by lying to the judge?
• Do I stand a chance at getting custody back?
• What can I legally do to get her back home?
• Can I go get my son if my ex gets sent to jail?
• Would the father get custody if the mom goes to jail?
• How can I fight for custody if I've been in prison?
• Could I lose custody because I got a DUI?
• Can I get custody changed if my ex is an alcoholic?
• Can he get custody changed because I'm living with my boyfriend?
• Can custody be modified to allow my boyfriend to move in?
• Can custody be changed due to improper behavior at my ex's house?
• Can I take custody away because the step mom harasses me?
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Drug and Alcohol Issues

• Could I lose custody because I got a DUI?
• Could he get custody changed because I relapsed on my drinking?
• Could I lose custody if my boyfriend got a DWI?
• Can I go get my son if my ex gets sent to jail?
• Can he get joint physical custody if he's an alcoholic?
• How can I prove that he's an alcoholic?
• How can I prove that he's a drug-user and not a good parent?
• He said I will never get custody because of my past.
• Can I get custody changed if my ex is an alcoholic?
• Can visitation be modified if my ex drives drunk with the kids?
• Can he get visitation if he's abusive and has a drug conviction?
• How can I revoke visitation until he is drug free?
• Can I get full custody if I suspect that he's doing drugs?
• Can I request that he be drug-tested before visitation?
• Can I get a modification for him to be randomly drug tested as well?
• Can he get custody if I'm dating someone who's been in rehab?
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 Prison, Arrests, and Convictions

• Can I go get my son if my ex gets sent to jail?

• Would the father get custody if the mom goes to jail?

• Will I get custody if their father is in jail?

• Can he get shared custody if he's in prison?

• How can I fight for custody if I've been in prison?

• Can I move if he will be in prison for 5 years?

• How is custody affected if he's been convicted of a crime?

• Can he get shared custody with his criminal background?

• Can he get sole custody if he has a felony conviction?

• Can he get visitation if he's abusive and has a drug conviction?

• How is visitation affected if he gets sent to prison?

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Children and Annulment

• Would a child of an annulled marriage be considered illegitimate?
• How is custody and support affected by an annulment?
• Would an annulment affect his parental rights if he isn't the father?
• How would an annulment affect my children financially?

Paternity Issues

• I'm pregnant. What rights do I have?
• Can I keep my boyfriend from seeing our child?
• Can a father take the child if he's not on the birth certificate?
• Do I have full custody if he's not on the birth certificate?
• He wants joint custody and I don't know if he's the father
• Would my husband have any rights if my unborn baby isn't his?
• Does he have any rights if he hasn't been involved in my child's life?
• Can I get a paternity test even if he signed a declaration of paternity?
• Can we modify the divorce if DNA tests prove he's not the father?
• Can I submit a hair follicle test in court?
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Adoption and Step Parents

• Does step-parent adoption require both parents consent?
• Can I take away my ex's parental rights so my fiancé can adopt my child?
• How is step parent adoption handled if the other parent can't be located?
• Does he have any rights if he never adopted my daughter?
• What rights does a stepparent have?
• Can I get custody of my stepdaughter if her dad abuses her?
• Can the kids live with the stepparent if the custodial parent dies?
• Can I relinquish my parental rights concerning my stepson?
• How is custody affected if he's the adoptive parent?
• Can a step-parent get custody rights?
• How do I make it legal if my son's adoptive parents allow him to move back with me?
• Do I have to pay child support if my ex's spouse adopts my child?
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 Grandparents

• Can grandparents file kidnapping charges against a parent?
• Can the grandparents stop me from moving away?
• What if the grandparents don't approve of the relocation?
• Can I get temporary custody of my grandchild?
• Can we get temporary custody of our grandchild if my daughter agrees?
• Can I get temporary custody of my grandchild if the state took her away from her parents?
• How can I get full custody if I have temporary custody of my grandchild?
• Do I need my ex's agreement to give custody to my mom?
• Does she have to go to her grandparents for visitation?
• Will I have to pay support to the custodial grandparent?
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Guardianship

• Can we get guardianship over a soon-to-be 18 year old?
• Can I sign over guardianship to my new husband?
• What are the chances of my son going to a guardian and not his dad?
• Should I get custody or guardianship if the parent signs over rights?
• Can a guardian get a custody order changed?
• Can a guardian file for divorce on behalf of a disabled person?
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Relocation and Moving Away

• How do I get custody modified to allow relocation?
• What factors does the court consider for allowing a relocation?
• How can I give him notice if I don't know when I'll move?
• Am I in violation because I couldn't contact him about our move?
• What can I do if he moved away with the kids without telling me?
• Can I stop him from moving away with our son?
• Can the grandparents stop me from moving away?
• Can I move away if we're separated?
• Can he make me move back after so long?
• Can I move away and then start the divorce?
• Can I move if we're still married and I have a letter saying I can?
• Can he take the kids and move before the divorce is filed?
• Can I move away once the divorce has started?
• Can I move if there isn't a relocation clause in the divorce?
• Can I include a relocation clause in my divorce?
• Can I leave if we were never married?
• Can I move if he isn't on the birth certificate?
• Can I move if there are no custody arrangements in the divorce?
• Can I move away if I have sole legal custody?
• Can he stop me from moving out of the country if I have sole custody?
• Can I move if I have full custody and he doesn't see the child?
• Can I move if he will be in prison for 5 years?
• If we have joint custody, can he move if he's not taking the kids?
• Would a judge approve a relocation if it was only a short distance?
• Will I have to worry if I'm only moving to the next county?
• Can I move if my ex doesn't even live in the current school district?
• Would I be permitted to move if we already live far apart?
• He violated the restraining order. Can the relocation provision be modified
• Do I need to do anything else if my ex gave me permission?
• Could a judge overrule my husband's consent to my relocation?
• Can he stop me from moving if the relocation clause allows me to?
• What if the grandparents don't approve of the relocation?
• Will I have to move back if he says he didn't consent to the move?
• What if I move without his permission?
• Will I be in trouble if I move after he gets a temporary order?
• What if my ex won't allow the move?
• How does relocation affect shared physical custody?
• Will custody be affected if my son lives with my mom after I move?
• What if the relocation is only temporary?
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School Issues

• Can I decide on the school district if I'm the custodial parent?
• What determines where the child will go to school?
• Should shared parenting be changed when a child starts school?
• Does the 50/50 split have to continue until school starts?
• Can I get full custody and change schools if we've shared custody?
• Should we change our agreement when school starts and custody shifts?
• Who gets to decide where the child goes to school?
• Can I move if my ex doesn't even live in the current school district?
• Can he pick the kids up from school without my permission?
• Is a teacher required to give copies of school work to both parents?
• What can I do if the school denies me a copy of the report cards?
• Will child support continue if my son drops out of school?

Parenting Plan Modifications

• How does a temporary parenting plan affect the final parenting plan?
• Is the parenting plan affected when circumstances change?
• How can I get a parenting plan changed?
• What if he violates the provision not to introduce significant others?
• How can I revoke visitation until he is drug free?
• Can I get a modification for him to be randomly drug tested as well?
• Can I get visitation increased if I'm the non-custodial parent?
• Can visitation be revised to take kids activities into consideration?
• Can the stipulation that my son not be around my boyfriend be removed?

Parental Rights

• Can grandparents file kidnapping charges against a parent?
• What are the custody rights of an absent parent?
• Can he pick the kids up from school without my permission?
• Is a teacher required to give copies of all school work to both parent?
• What can I do if the school denies me a copy of the report cards?
• Can he put my son in braces without my permission?
• Do I need permission to get non-emergency medical care for my child?
• What rights do I have if my son needs emergency care?
• Does he have the right to access records if I have sole custody?
• Can he take the kids out of state without notifying me?
• Do parents rights over-ride Power of Attorney?
• Can I take away my ex's parental rights so my fiancé can adopt my child?
• Can my fiance adopt my child without my ex losing his rights?
• Can I get him to sign over his parental rights?
• Why can't he just sign over his rights if he never sees the child?
• Can I take away his parental rights if he abused our baby?
• Can I terminate his parental rights if he hasn't paid child support?
• How do we relinquish his parental rights if he agrees?
• Does he have to pay child support if he signs away his parental rights?
• Can I get child support if he gave up his parental rights?
• Does signing away parental rights affect the rest of the family?
• Would she be considered an heir if he gave up his parental rights?
• Is there a way to have his parental rights taken away?
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Custodial Parent Rights

• Does he have a right to know how I spend my time with the kids?
• Do I have a right to know where my kids are during visitation?
• Can he take our son out of state without getting my permission first?
• Can I prevent my ex from taking the kids out of the state?
• Can he stop me from picking the kids up at his house?
• Do I have a right to know who lives at my ex's house?
• Does my ex's wife have any rights as a step parent?
• Can I prevent my kids from being around his girlfriend?
• Do I have to let his girlfriend pick the kids up for visitation?
• Our child is spending more time with the girlfriend than his dad.
• Can the court make his girlfriend move out?
• What can I do if the girlfriend treats our children badly?
• Can my ex remove my visitation if I'm living with my boyfriend?
• Can my ex take me back to court if my boyfriend stays the night?
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Medical Issues

• Should custody be changed so he won't interfere with medical decisions?
• Can the custodial parent decide who visits the child in the hospital?
• Can supervised visitation be ordered based on a medical condition?
• Can he put my son in braces without my permission?
• Do I need permission to get non-emergency medical care for my child?
• What rights do I have if my son needs emergency care?
• What does "extraordinary medical expenses" in the support orders?
• Can I make him carry health insurance on our daughter?
• Can I make his new wife put our kids on her insurance?
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Insurance

• Can I make him carry health insurance on our daughter?
• Would the courts make him continue insurance on my daughter?
• What if he isn't paying half the insurance costs like ordered?
• Can I make his new wife put our kids on her insurance?
• Can life insurance for my son be required in the child support order?
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Child Custody and Visitation Rights

• What is a reasonable visitation schedule for an infant?
• What rights does he have if he has shared legal custody?
• What if I can't afford the growing legal fees in my custody battle?
• Will my custody papers be enforced if he threatens to keep our son?
• How can I get my kids back if he violates the visitation order?
• What can I do if my teenager refuses to come home from visitation?
• We share custody, but he won't let me see the kids unless he is there.
• Can he stop me from seeing the kids if there is no court order?
• Can I pick up my kids if my sister-in-law has temporary custody?
• Does he need my address if he has custody and I have visitation?
• Can he get visitation if there's an order of protection against him?
• Will he get visitation just because I filed for child support?
• Can I control visitation if we don't have custody orders?
• Can I refuse visitation if I feel that he is mentally unstable?
• What can I do to make sure he doesn't get visitation at all?
• What can I do if he refuses visitation with our oldest child?
• Do I have to allow visitation if he hasn't seen our son for 7 months?
• Can I deny visitation if he doesn't pay child support?
• What can I do if he's alleging that I denied visitation? 
• Is child support still required if visitation is denied?
• Can I get visitation increased if I'm the non-custodial parent?
• Is visitation enforceable if the other parent is in assisted living?
• Can we vacation out of state if it doesn't interfere with visitation?
• Does she have to go to her grandparents for visitation?
• Do the kids have to go for visitation while their Dad is in Iraq?
• What is he leaves her with his family when he has visitation?
• Should visitation be altered if isn't spending time with the kids?
• Are siblings entitled to visitation rights?
• Should he be seeing the kids every day of the week?
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Inconsistent Visitation

• What can I do when my ex lets my son down?
• What can I do about inconsistent visitation?
• What can I do if he continually cancels visitation at the last minute?
• What if he filed court papers saying I violated the visitation order?

Visitation With An Absent Parent

• How do I help my child understand her father's absence?
• What are my kids rights if their father hasn't seen them for 6 years?
• Can I stop visitation if he hasn't seen our son for over 2 years?
• How is visitation handled if the father has been absent?
• My daughter just met her Dad and is afraid to visit him.
• Does he have to visit his dad if he hasn't seen him for years?
• Do I have to allow visitation if he hasn't seen our son for 7 months?
• Can he get visitation back after losing it 3 years ago?
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Changing Visitation

• Can we change visitation to make up for losing the mid-week visit?
• What if he's demanding more visitation than the judge ordered?
• Should I modify the visitation if he hasn't complied with the orders?
• Can he change visitation without a court order?
• Can visitation be changed if the child is miserable?
• Would a judge order me to reduce breastfeeding because of visitation?
• Can I ask for a change in the schedule if he's never used his visitation?
• What if my ex wants weekends in a row to get back on schedule?
• Can he change the visitation schedule whenever he feels like it?
• Can we switch the visitation schedule for a special occasion?
• What if he refuses visitation just to be spiteful?
• Does it violate our agreement if he vacations without the kids?

Child Visitation Environment

• Is it wrong if he comes to my house for visitation?
• Can he take the baby overnight if he hasn't ever watched her alone?
• How can I make sure that he takes care of her during visitation?
• Can visitation be altered if he gives her allergy inducing foods?
• Will the court require my ex to have separate bedrooms for the kids?
• Does he need to have his own car seats for visitation?
• Do I have to return my child if my ex is basically homeless?
• Can I withhold visitation if my ex doesn't have a place to live?
• How is visitation affected if he gets sent to prison?

Visitation Safety and Risky Situations

• Can I refuse visitation if his vehicle lacks the right seat belts?
• How can I prove that he bullies the children?
• What can I do if his abusive behavior is affecting our son?
• Do I have to make them go if one was molested at their Dad's house?
• Can he get visitation if he's on trial for child abuse?
• Can I request visitation occur somewhere other than his home?
• Can he get visitation if he's abusive and has a drug conviction?
• Can I request that he be drug-tested before visitation?
• Can visitation be modified if my ex drives drunk with the kids?
• Would my kids have to testify that their father drinks during visitation?
• How is visitation handled if he doesn't have a driver's license?
• Can he get visitation if he has serious mental problems?
• Can I restrict visitation because he's addicted to online porn?
• How should I handle visitation if he's a sex addict?
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Supervised Visitation

• Can I prevent visitation if reasonable supervised visitation is ordered?
• Can I set the schedule for supervised visitation?
• I have supervised visitations but still haven't seen my daughter.
• What if he doesn't comply with the supervised visitation?
• Can supervised visitation be ordered based on a medical condition?
• Can visitation be supervised until he undergoes counseling?
• Can I get supervised visitation if he takes baths with our daughter?
• Can supervised visitation be ordered until the kids are 18?
• I can't afford a professional monitor for supervised visitation.

When A Child Refuses Visitation

• What if visitation interferes with extracurricular activities?
• At what age can children choose to spend less time with their dad?
• Can a teen to choose if they want go for visitation or not?
• Can I stop visitation if she doesn't want to visit her father?
• Do I have to make my child visit her father?
• Am I held responsible if my teenager refuses to visit his father?
• If my 18 year old refuses visitation, can he stop support?
• I know I can be held in contempt but how do I force her on a plane?
• Can they lock me up if I withhold visitation?
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Long Distance Visitation

• How is long-distance visitation handled?
• How far is too far before long distance visitation would kick in?
• Who is responsible for transportation if it isn't in the decree?
• Is time spent flying counted towards the visitation time?
• Would the court approve long-distance visitation for a toddler?
• Will my toddler have to fly if he's only seen his dad one time?
• Can I prevent out of state visitation if he's been gone for 8 years.
• What if he won't allow our son to fly by himself?
• Can temporary orders to split costs be changed in the final decree?
• Can we modify visitation due to the high travel expenses?
• Would a judge make me meet him half way for visitation?
• Can I enforce the clause that he has to meet me half way for visitation?
• How do we change the exchange location so that it's more fair?
• Do I have to pay for travel expenses if my ex moves?
• Will I have to share travel expenses if my ex moves?
• Will visitation change if he moves to another country?
• How is visitation handled when Dad will be living in a foreign country?
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Child Support During Separation

• Can I get child support if I'm living with the father?
• Am I entitled to support if we're separated?
• Can an informal support agreement be enforced while we're separated?
• Is child support retroactive to the date of separation?
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Filing for Child Support

• What is child support supposed to be used for?
• When do child support payments start?
• Can I file for child support even if I have other children?
• Can I get child support if we weren't married?
• He threatens that he won't pay support if I leave.
• Can I get child support if it wasn't ordered in the divorce?
• Can I get child support if he gave up his parental rights?
• Which state child support laws will apply if I move?
• Should I re-file for child support if he wasn't at the hearing?
• Will a phone conference be okay for a child support hearing?
• Can I withdraw my petition for child support?
• Is more child support better than having a separate alimony payment?
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How support is calculated

• How is child support calculated?
• Is all income used to calculate child support?
• Do we have to use the child support guidelines?
• Can we come up with our own amount of child support?
• What if I don't want him to pay child support?
• How do we do a one-time settlement for child support?
• Does he have to pay child support if he is unemployed?
• What if he works less so that the child support will be lower?
• What if he's lying about his finances to lower child support?
• Will my children's child support be given priority if we split?
• Can I request that he pay for a portion of the daycare?
• Can he deduct child care from the support if it's not being used?
• Can I request that he pay for half of the school tuition?
• What does "extraordinary medical expenses" include?
• Are extraordinary medical expenses separate from child support?
• Is the spouse of a non-custodial parent required to pay support?
• Will my ex have to pay less support if my daughter has a job?
• Can life insurance for my son be required in the child support order?
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Custody Issues and Child Support

• If custody is changed, how will it affect child support?
• Does he have to pay support if we have joint custody?
• Will he still have to pay child support if we share custody?
• How does support work if one child lives with him and two with me?
• Would he owe child support if each of us has a child living with us?
• Can the non-custodial parent get child support?
• How is support affected if the child moves in with the other parent?
• Will I have to pay child support if he gets full custody?
• Will my child support case be affected if he files for custody?
• Can he get custody changed so he doesn't have to pay support?
• Can I ask for a custody change so I don't have to pay support?
• Will I have to pay support to the custodial grandparent?
• What if he lied to the child support office to get support changed?
• Can I get sole custody if he isn't paying the ordered child support?
• Do I have to pay child support if my ex's spouse adopts my child?
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Paternity and Child Support

• Does he owe child support if another man signed the birth certificate?
• Can he refuse to pay support because he wants a DNA test?
• Does he have to pay child support if the child isn't his?
• Does he have to pay support if a DNA test proves he's not the father?
• Do I have to pay back the child support if he isn't the father?
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Factors Changing Child Support

• How will it affect support if my ex declares bankruptcy?
• He doesn't owe support until the house sells, but now it's in foreclosure.
• Why was child support reduced when he lost his job?
• What if I'm unemployed and can't pay child support?
• Will child support change if he has another child?
• Can he lower child support if his wife bears a child that isn't his?
• Will I have to pay less child support if I have another baby?
• Would it affect support if he got a raise and had another child?
• Should I ask for an increase in child support after all these years?
• Will we have to go to trial if we can't agree to the modification?
• Will his new marriage affect the amount of support?
• Can child support be based on my spouse's income?
• Can I have child support stopped if I'm the custodial parent?
• Can I cancel child support if I'm on public assistance?
• How is child support affected when the oldest child reaches 18?
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 Child Support Payments

• Where is the money if my mom never received the payments?
• Can he reduce the amount of child support without a court order?
• Can he deduct orthodontic payments from the child support?
• Can he deduct what I owe him from the child support?
• Is he still obligated if the old support orders weren't cancelled?
• Is he still liable for child support if he moves out of the country?
• Can child support be paid directly to the kids?
• Can child support be paid directly to a child in college?
• Can support be paid to someone else if the child moves out?
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Enforcing Child Support

• How can I make sure that he pays support every month?
• How can I get support payments taken out of his check?
• What if he never started paying child support like ordered?
• What can I do if he stops paying support?
• Will he get in trouble for not paying support if I don't enforce it?
• Will the state make him pay child support?
• Will an informal support agreement be enforced by the court?
• Can he stop paying child support if he doesn't see the kids?
• Can I stop visitation if he doesn't pay his child support?
• Can I terminate his parental rights if he hasn't paid child support?
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Collecting Back Child Support

• Will he still owe back child support if he gets custody?
• Can his tax refund be seized to pay back child support?
• Where does the money go if a tax refund is seized?
• Can bank accounts be seized for delinquent child support?
• Can the child forgive any back child support that is owed?
• Is the child entitled to the back child support that is owed?
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When Child Support Ends

• Does child support end when the child turns 18?
• Will child support continue if my son drops out of school?
• Does he have to continue paying support during college?
• Can child support be changed to include college?
• Can child support be reinstated when she returns to college?
• Does child support end if the child gets pregnant?
• How is child support affected if the child moves out on her own?
• Am I entitled to the child support if my Mom died?
• Is child support affected if the child becomes emancipated?
• Do I still have to pay support if my child dies?
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Child Support Tax Information

• Will child support be affected if we file our taxes jointly?
• Is child support taxable?
• Can his tax refund be seized to pay back child support?
• Where does the money go if a tax refund is seized?
• Can he claim our son on his taxes if he's behind on child support?

Tax Questions

• Who gets to claim the tax deduction for dependents?
• Is the deduction for every year if it's awarded in the decree?
• Who gets to claim the children for taxes if custody if modified?
• Does paying child support determine who gets the deduction?
• Can he claim our son on his taxes if he's behind on child support?
• Can he force me to give up the exemption if I have full custody?
• Do I have to agree to modify the decree so he can claim the deduction?
• Can we change who gets to claim our sons for taxes?
• Would he owe me any of the refund if I let him claim our son?
• What if I claimed the children when he was entitled to the exemptions?
• How do we change who gets the tax dependent claim?
• Will child support be affected if we file our taxes jointly?
• Can his tax refund be seized to pay back child support?
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You can also view our other topic directories of frequently asked divorce questions below:
Questions on Divorce Emotions
Divorce Financial FAQS
Divorce Questions on Legal Aspects
Main Directory of Divorce Faqs

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Please Note:  This website provides general information about the various issues that arise in a divorce and should not be considered a substitute for legal advice.  For specific recommendations concerning your situation, please retain an experienced divorce lawyer who can answer your questions based on the current divorce law statutes of your state.  WomansDivorce.com disclaims any liability from any claim arising from any information contained on this website.