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?
• How can I get my son back if there are no custody orders?
• 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

• Who is usually granted temporary custody?
• When do temporary custody orders go into effect?
• Can I get temporary custody without him knowing about it?
• Do I need to have the kids with me to file for temporary 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?
• Do temporary parenting plans expire?
• 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?
• Is it illegal if he violates our separation agreement about custody?
• 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 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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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?
• How could he get partial custody if the protection order prevents it?
• 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?
• What rights would I have with 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?
• Does the custody agreement still apply if I drop my divorce case?
• 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?
• Could I lose custody if I give guardianship to the grandmother?
• 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?
• Can I change my phone number and not give it to my ex?
• 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 type of custody should I ask for if he's abusive?
• 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?
• Can parents have split custody of the kids with no visitation?
• 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 just because I'm dating someone?
• Can my ex use my engagement against me to get 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?
• Help, my ex didn't return our son and filed for temporary custody.
• 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 he get custody if he hasn't let me see our son for 6 months?
• How is custody decide if we're not married?
• 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?
• Can I get custody if I don't have a separate bedroom for each kid?
• Will it affect the custody decision if I live with my boyfriend?
• Will infidelity or adultery affect who gets custody?
• Will an affair 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?
• Will the court only listen to the child when deciding custody?
• Does a 17 year old teen mom have to go live with her father?
• Do I need a lawyer if my child is old enough to decide where to live?
• 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 disability against me if I need help sometimes?
• 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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Shared Physical Custody

• How does a judge make the decision for shared custody?
• What are good reasons for not having shared parenting?
• When is the best time to implement 50/50 custody?
• Is 6 months with each parent a logical custody arrangement?
• Does 50/50 custody mean I have to split all the assets with him?
• 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?
• Wouldn't shared parenting be disruptive if my ex is a shift worker?
• Could he get 50/50 custody if we live in 2 different counties?
• 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?
• What can I do if split-day custody is hard on the kids?
• 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 my ex is verbally abusive?
• 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 do I need to put in the petition for sole custody?
• 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 if we share custody now?
• Can he get sole custody because I'll be attending college?
• 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 have to send him updates if I have sole legal 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 failed to meet the court requirements?
• 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?
• What can I do if there's a family history of physical and sexual abuse?
• 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 custody arrangements be changed because we can't get along?
• 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 he get custody just because I stay home to care for our ill son?
• Can custody be changed so visitation is not so traumatic to my son?
• Can custody be changed if they are moving to prevent visitation?
• Can custody be changed if school grades drop dramatically?
• Can I lose custody if I left the kids in my car when I went into a store?
• 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?
• Can custody be changed if the kids were removed from the home?
• 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?
• What can happen if I don't show up for the custody change hearing?
• Can I refuse to negotiate custody even if he's taking me to court?
• 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 I get custody if my ex moved and left the kids with his parents?
• 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?
• Do they have to go back to their father if they want to live with me?
• 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 a notarized permission for him to live with his father acceptable?
• Is it considered abandonment if I take him to his father's and move?
• Is it considered abandonment if I refuse to take the kids?
• 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?
• Can I change custody so I can move back with my mom
• 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?
• Can I get custody if he's lived with his father for 7 years?
• 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?
• Can I get custody back if my ex gets sent to prison?
• 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 get custody back if my ex gets sent to 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 he file for custody and visitation while I'm pregnant?
• 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?
• What are the steps to step-parent adoption if everyone agrees?
• Can I take away my ex's parental rights so my fiancé can adopt my child?
• Can my daughter decide to let my fiance adopt her?
• 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?
• How can I help the situation if I'm only a step-mom?
• Can I get custody of my stepdaughter if her dad abuses her?
• Can his wife adopt my children if I die?
• 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?
• Can we get custody of our grand daughter if she requests it?
• Could I lose custody if I give guardianship to the grandmother?
• Can the father and grandparents share custody?
• 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?
• Can the relocation clause be changed so I don't end up homeless
• What factors does the court consider for allowing a relocation?
• Why is the children's best interest the overriding factor in relocation?
• How do I prepare for a relocation hearing?
• 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 relocate with our son if I have residential 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 has no visitation rights?
• 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?
• Can he move out of the county if it affects our parenting agreement?
• 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?
• What if my ex threatens to take me to court to block 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?
• How do we change school districts if both of us have moved?
• 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?
• Can custody be changed if school grades drop dramatically?
• Who gets to decide where the child goes to school?
• Does a parent have the right to pick up the child at school when it is not their day?
• Can I move if my ex doesn't even live in the current school district?
• What time of year children should be relocated in relation to school?
• 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?
• Can the custody order be changed to be more specific?
• Can the plan be modified to include a provision for attending church?
• 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?
• Would the parenting plan be revised due to his work schedule?
• 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?
• Are there rules to enforce his responsibilities as a 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?
• Can I prevent my ex from taking the kids out of the state?
• Can I leave the state and have someone else watch the kids?
• 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?
• What can I do if the stepmother treats my son badly?
• Will a judge dictate who can be near the children?
• What does no romantic companion at all in my order mean?
• Can his girlfriend spends the night if the parenting plan prohibits it?
• Can I prevent my kids from being around his girlfriend?
• Can I stop overnight visits if his girlfriend is sleeping there?
• 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?
• How can I fight the false allegations against my boyfriend?
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Medical Issues

• Should custody be changed so he won't interfere with medical decisions?
• Who is responsible for supplying medications during visitation?
• Can the custodial parent decide who visits the child in the hospital?
• Can I limit visitations to no overnights for medical concerns?
• How do I stop visitation until he is medically trained to care for her?
• 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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Child Custody and Visitation Rights

• What is a reasonable visitation schedule for an infant?
• Is it true that a child can't stay overnight until they are 3 years old?
• What rights does he have if he has shared legal custody?
• Do I have to go to parenting classes before the divorce is finalized?
• What happens if one of us doesn't take the parenting class?
• Should I modify visitation if he hasn't taken the parenting class?
• 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?
• Can I set visitation times if the decree doesn't include a set schedule?
• How can I get my son back if there are no custody orders?
• Can I control visitation if we don't have custody orders?
• Can he set the visitation schedule if there are no court orders?
• Can he stop me from seeing the kids if there is no court order?
• What are my rights if there are no visitation orders?
• 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 refuse visitation if I feel that he is mentally unstable?
• Can I do anything about the visitation if he's a bad influence?
• 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?
• Can I deny visitation if he doesn't pay child support?
• 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?
• 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?
• Is there any way I can see my half-sisters?
• Should he be seeing the kids every day of the week?
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Custodial Interference

• We share custody, but he won't let me see the kids unless he is there.
• Are there legal ramifications if he's denied me visitation for 7 years?
• What can I do if he's alleging that I denied visitation? 
• What can I do if he's accusing me of alienating the children?
• What if he doesn't allow phone contact while she is with him?
• What should I do if he won't allow our daughter to contact me?

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?
• Is extending visitation to Monday morning wise if he lives 2 hours away?
• How do we handle Christmas if he missed his Thanksgiving visitation?
• What if he's demanding more visitation than the judge ordered?
• Can he change visitation without a court order?
• How can I get a better visitation schedule?
• 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?

Summer Visitation

• He didn't request vacation time as directed in the visitation order.
• How can I get my kids back if he violates the visitation order?
• Do the kids have to go for visitation while their Dad is in Iraq?
• I know I can be held in contempt but how do I force her on a plane?
• What if my ex won't comply with the summer visitation schedule?
• Is it a violation if he waits until the weekend to drop her off?
• Can we vacation out of state if it doesn't interfere with visitation?
• Am I obligated to let the father have them for a whole vacation period?
• What if he only wants to take one of our kids for summer visitation?
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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 he get visitation if my ex gives him alcohol?
• Can visitation be altered if he gives her allergy inducing foods?
• Can visitation be modified if he's always sick after being at his dad's?
• 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?
• He's taking the kids around people convicted of child endangerment.
• 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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When A Child Refuses Visitation

• What if visitation interferes with extracurricular activities?
• Would a judge order counseling if my son doesn't want to see me?
• 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?
• Can he force visitation if my almost 18 year old doesn't know him?
• 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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Filing for Child Support

• What is child support supposed to be used for?
• What if the support isn't used for the child's needs?
• When do child support payments start?
• Can I get child support if I'm living with the father?
• Can I file for child support even if I have other children?
• Will he have to pay child support for my unborn baby?
• Can I get child support if we weren't married?
• Am I entitled to anything if I'm taking care of my pregnant sister?
• 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?
• Do I have to file for child support if my child is getting Medicaid?
• Is more child support better than having a separate alimony payment?
• Should I include a provision for college expenses?
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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?
• What if I can't pay my bills because child support is so high?
• 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?
• Does child support cover expenses at the other parent's house?
• Can I request that he pay for a portion of the daycare?
• Do I have to pay for daycare while she is with her dad?
• Can he deduct child care from the support if it's not being used?
• Is the cost of the driver's ed class included in the child support?
• 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?
• How long should I wait for him to pay the extra medical expenses?
• 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?
• What are my chances of getting custody if I owe back support?
• Can the non-custodial parent get child support?
• How is support affected if the child moves in with the other parent?
• Does my dad still have to pay support if I live with him?
• Will I have to pay child support if he gets full custody?
• Can he file for custody if I file for child support?
• 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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Joint Custody and 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?
• Is back child support affected if we change to split custody?
• Who is responsible for extracurricular activities if we share custody?
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Factors Changing Child Support

• Will he still have to pay child support if we marry?
• Can he stop paying support if she lives with him during school?
• How are my financial records relevant to the amount of support?
• How can I get a postponement of the support modification hearing?
• Will we have to go to trial if we can't agree to the modification?
• 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 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

• Will I still receive support if my son is with friends over the summer?
• Is child support owed during summer vacation with the other parent?
• Where is the money if my mom never received the payments?
• Can he reduce the amount of child support without a court order?
• Can my ex withhold child support funds to pay past due taxes?
• 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?
• Does he still owe child support if the child refuses visitation
• Can child support be paid directly to the kids?
• Can child support be paid directly to a child in college?
• Can a child petition to enforce the support agreement?
• 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?
• Can I enforce support orders myself if the state isn't doing it?
• 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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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 children if it wasn't in the divorce papers?
• 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?
• Would I be in contempt if I refuse to sign the 8332 form?
• 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?
• I claimed our son by mistake when it was my ex's year to claim him.
• 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?
• Return to topic list

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.