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?
• 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 he keep the children away from me until after the divorce?
• 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?
• How can a temporary custody order be changed?
• Can I get a passport for my kids without their father's consent?
• Can I get temporary custody of my grandchild?
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Custody Jurisdiction

• Can he keep my son in the state if I'm only there temporarily?
• 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

• 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?
• 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's the difference between sole and joint custody?
• Does joint custody mean equal time with each parent?
• 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 are possible custody arrangements if the parents live in two states?
• Can custody issues be decided without going to court?
• 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?
• Who gets to claim the children for taxes?
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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?
• How can we reach an agreement on custody?
• 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?
• How will it affect custody if I live with my parents?
• 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 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.
• How can I prepare for a custody battle?
• 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?
• 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 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?
• Will infidelity or adultery affect who gets custody?
• Will it affect custody if I'm pregnant by another man?
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Questions about the Guardian Ad Litem

• Will my son's attorney speak for my son?
• What if the other parent is able to fool the GAL?
• Should I report how the GAL handled my case?
• How can I fire the Guardian Ad Litem?
• How can a new Guardian Ad Litem be appointed?
• How can I dispute false claims?
• Can my children request a custody change?
• Can the GAL make me move out of my fiancι'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?
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Shared Physical 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?
• He works nights. Is shared physical custody practical?
• Should shared parenting be changed when a child starts school?
• Who gets to decide where the child goes to school?
• 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 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 are the chances that I will get sole custody?
• Can I get sole legal custody if I already have sole physical 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 make sure that he never gets custody, even if I die?
• What if he's physically abusive to the kids?
• Can I get sole custody if he's verbally abusive to me?
• Can he get sole custody if he's physically and mentally abusive?
• Can he get full custody if his parents watch our kids while we work?
• Can I get sole custody if my ex is unemployed and moving?
• Can sole custody be changed?
• 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

• Should custody be changed so he won't interfere with medical decisions?
• 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?
• 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?
• If custody is changed, how will it affect child support?
• 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?
• Can I go get my son if my ex gets sent 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?
• He wants to change custody so he doesn't have to pay child support.
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Drug and Alcohol Issues

• Could I lose custody because I got a DUI?
• 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?
• 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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Adoption and Step Parents

• Does step-parent adoption require both parents consent?
• Does he have any rights if he never adopted my daughter?
• What rights does a stepparent have?
• 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?
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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?
• Could my sister have guardianship over the kids if I were to die?
• Should I get custody or guardianship if the parent signs over rights?
• Can a guardian get a custody order changed?
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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?
• 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 I move away if we're separated?
• Can I move away and then start the divorce?
• 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 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?
• 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?
• What if the relocation is only temporary?
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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?
• 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 I make his new wife put our kids on her insurance?

Parental Rights

• 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?
• Would my husband have any rights if my unborn baby isn't his?
• 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?
• Can he put my son in braces without my permission?
• Does he have the right to access records if I have sole custody?
• Can he stop me from picking the kids up at his house?
• Can he take the kids out of state without notifying me?
• Do parents rights over-ride Power of Attorney?
• Can I get him to sign over his parental rights?
• 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?
• Does signing away parental rights affect the rest of the family?
• Is there a way to have his parental rights taken away?
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Child Visitation Rights

• Can I deny visitation if he doesn't pay child support?
• Will he get visitation just because I filed for child support?
• What can I do to get my kids back if he violates the visitation order?
• Can he stop me from seeing the kids if there is no court order?
• What if he's demanding more visitation than the judge ordered.
• 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.
• Can he take the baby overnight if he's never been alone with her?
• How can I make sure that he takes care of her right during visitation?
• Can I get visitation increased if I'm the non-custodial parent?
• 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?
• Does he have to visit his dad if there's been no contact for years?
• 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 they were molested at their Dad's house?
• Can I request visitation occur somewhere other than his home?
• Can visitation be modified if my ex drives drunk with the kids?
• Can I request that he be drug-tested before visitation?
• Can he get visitation if he has serious mental problems?
• Can supervised visitation be ordered based on a medical condition?
• Can visitation be supervised until he undergoes counseling?
• Can supervised visitation be ordered until the kids are 18?
• I can't afford a professional monitor for supervised visitation.
• What can I do about inconsistent visitation?
• What can I do when my ex lets my son down?
• Is child support still required if visitation is denied?
• What if visitation interferes with extracurricular activities?
• Can a teen to choose if they want go for visitation or not?
• Do I have to make my child visit her father?
• Am I held responsible if my teenager refuses to visit his father?
• 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?
• 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 I prevent my ex from taking the kids out of the state?
• Do I have a right to know who lives at my ex's house?
• Can he stop me from picking the kids up at his house?
• Can I prevent my kids from being around his girlfriend?
• 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 take me back to court if my boyfriend stays the night?
• What if my ex wants two weekends in a row to get back on schedule?
• Can he change the visitation schedule whenever he feels like it?
• What can I do if he continually cancels visitation at the last minute?
• Can we switch the visitation schedule for a special occasion?
• Does it violate our agreement if he takes a vacation without the kids?
• Are siblings entitled to visitation rights?
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Long Distance Visitation

• How is long-distance visitation handled?
• Would the court approve long-distance visitation for a toddler?
• Can we modify visitation due to the high travel expenses?
• 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?
• Is he obligated if the old child support orders weren't cancelled?
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Filing for Child Support

• He threatens that he won't pay support if I leave.
• Can child support be ordered if it wasn't addressed in the divorce?
• Can I file for child support even if I have other children?
• Which state child support laws will apply if I move to another state?
• What is child support supposed to be used for?
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How support is calculated

• How is child support calculated?
• When do child support payments start?
• 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 he still have to pay child support if we share custody?
• Can we come up with our own amount of child support?
• Will child support be affected if we file our taxes jointly?
• When do child support payments start?
• Will my children's child support be given priority over other support orders?
• Can I request that he pay for a portion of the daycare?
• Can life insurance for my son be required in the child support order?
• Is the spouse of a non-custodial parent required to pay support?
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Factors Changing Child Support

• How will it affect support if my ex declares bankruptcy?
• Is he obligated if the old child support orders weren't cancelled?
• Will child support change if he has another child?
• 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?
• Will his new marriage affect the amount of support?
• Will child support be based on my new spouse's income?
• Can I ask to have child support stopped if I'm the custodial parent?
• Can I cancel child support if I'm on public assistance?
• Can child support be paid directly to the kids?
• How is child support affected when the oldest child reaches 18?
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Custody Changes and Child Support

• If custody is changed, how will it affect child support?
• Will he still have to pay child support if the kids live with him?
• Will I have to pay child support if he gets full custody?
• Can I ask for a custody change so I don't have to pay support?
• Will my child support case be affected if he files for custody?
• Will he still owe back child support if he gets custody?
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Non-payment of Child Support

• How can I make sure that he pays support every month?
• Will he get in trouble for not paying support if I don't enforce it?
• Will the state make him pay child support?
• Can he get custody changed so he doesn't have to pay support?
• Can he refuse to pay support because he wants a DNA test?
• Can he stop paying child support if he doesn't see the kids?
• Can I deny visitation if he doesn't pay child support?
• Can his tax refund be seized to pay back child support?
• Where does the money go if a tax refund is seized? 
• Will he still owe back child support if he gets custody?
• Can I terminate his parental rights if he hasn't paid child support?
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Paternity and Child Support

• 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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When Child Support Ends

• Does child support end when the child turns 18?
• 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?
• Is child support affected if the child becomes emancipated?
• How is child support affected if the child moves out on her own?
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Tax Questions

• Who gets to claim the tax deduction for dependents?
• 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?
• 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.