Children and Divorce FAQS - Answers to Parent's Top Questions

Below are various children and divorce FAQs organized by topic. Links under each of the topics will take you to that section where you can review some of the most common questions parents have about children's issues that come up during and after divorce.

By WomansDivorce 

Children and Divorce FAQs by Topic

Child Custody Questions

Understanding Child Custody

• How can I get custody and visitation orders in place?
• Should I file for custody before I file for divorce?
• Can custody issues be decided without going to court?
• What does legal custody mean?
• What are the differences between sole and joint custody orders?

How is Custody Decided

• Would the court allow our children to be split up?
• Will it hurt my custody case if I move out without the kids?
• Can he get custody because I had an affair?
• What custody arrangements are best when parents live in two states?
• Will it affect custody if I'm pregnant by another man?

Joint Custody Questions

• What rights will I have with a joint custody arrangement?
• Is joint custody a possibility if he doesn't even use his visitation?
• When is it best to start a 50/50 physical custody arrangement?

Sole Custody Questions

• What are the advantages of sole legal custody?
• What kind of proof do I need to get sole physical custody?
• Can I get sole custody if he's verbally abusive to me?
• Can I get full custody if I suspect that he's doing drugs?
• Can I refuse visitation if I have sole custody?

Custody and Domestic Violence

• What custody arrangement is best if he is abusive?
• Do I have to tell my abuser that I am preganat?
• Will the temporary custody order be continued at our hearing?
• Can he get custody with his history of domestic abuse?
• What happens to our custody order if I go back to him?

Custody and Job Concerns

• Is shared physical custody practical if he works nights?
• Could he get custody because I work the night shift?
• Can visitation be changed if I no longer work the night shift?

Child Custody Battles

• How can I prepare for a custody battle?
• Can I request a new judge for our custody case?
• What if I can't afford the growing legal fees in my custody battle?
• How do I prepare for a custody trial if I can't afford a lawyer?

Using a Guardian Ad Litem

• What is the role of the law guardian?
• Does the Guardian ad Litem meet with both parents?
• Do I have grounds to replace the guardian ad litem?

Custody Jurisdiction

• Which state has jurisdiction over custody and support issues?
• How can I get the custody jurisdiction changed?
• How long do you have to live in a state for it to have jusridiction over custody?

Child Custody Changes

• Is there a set age when a child can decide where to live?
• Could he get custody changed if I live with my boyfriend?
• What options do I have to change custody if we can't get along?
• Why does it take so long to get custody changed?
• How do I regain custody after being deployed by the military?

Children and Annulment

• Will an annulment mean a child from the marriage is illegitimate?
• Would an annulment affect child custody and support orders?
• Will there be a financial impact on my kids if I get an annulment?

Parental Rights

• How can I get him to sign over his parental rights?
• What rights do I have if I'm pregnant?
• Can I keep him from seeing our baby?
• Can he get a custody and visitation order while I'm pregnant?
• Can parental rights be reinstated after they were terminated?

Paternity Issues

• Can a father take the child if he isn't on the birth certificate?
• Does a husband have parental rights if the unborn baby isn't his?
• Can a paternity case be started disputing a signed declaration of paternity?
• Can a decree be modified if a DNA test shows he's not the father?

Adoption and Step Parent FAQs

• Will we need to find my ex-husband to complete the adoption?
• How do we proceed with the adoption if everyone agrees?
• Will a child's wishes to be adopted make a difference?
• If a custodial parent dies, can the children live with a step-parent?
• Would a stepparent have any custody rights?

Relocation and Child Custody Questions

• Can I move away if we're separated?
• Can I just move if my divorce doesn't have a relocation clause?
• Do I need my child's father's permission to move?
• Can I stop him from relocating to another state with our kids?
• Can I leave if there aren't formal custody orders?

Grandparents Rights

• Should I try to get temporary custody of my grandchild?
• Could the grandparents prevent me from relocating?
• Can grandparents get custody if the child wants to live with them?
• Will she have to go for visitation at her grandparents if he's not there?
• Can a custodial grandparent get child support from the parent?

Child Support Questions and Answers

The Purpose of Child Support

• What does child support cover?
• What is child support supposed to be used for?
• Shouldn't child support also cover expenses at the other parent's house?

Temporary Child Support

• How do I get temporary child support?
• Will the final child support be less than the temporary support order?
• Are temporary child support orders enforceable?

How to Get Child Support

• Can I file a petition for child support without a lawyer?
• Am I eligible for child support if we never legally married?
• Is he responsible for child support after our baby is born?
• Can child support be ordered if it wasn't in our divorce papers?
• Is a child support order required if my child is on Medicaid?

Child Support Calculations

• How is the child support calculated amount?
• Are all sources of income used for calculating child support?
• Can we deviate from the child support guidelines?
• He says he won't work to avoid paying child support.
• Can child support calculations be based on a new spouse's income?

Joint Custody and Child Support

• Can I still get child support if we share custody?
• Will he still owe support if we each have a child living with us?
• Will he have to pay support if we share joint custody?

Paternity and Child Support

• Can I file for child support if I think he's the father?
• Can he refuse to pay support until he gets a DNA test?
• Will he have to pay support if a paternity test shows he's not the father?

Extraordinary and Medical Expenses

• Does he have to pay for other expenses in addition to paying child support?
• Are extraordinary medical expenses separate from child support?
• What is considered extraordinary medical expenses?

Child Support Modifications

• What are valid reasons to modify a child support order? 
• Can child support be modified if he earns more money?
• Why was child support reduced when he lost his job?

Child Support Payments

• When do child support payments start? 
• Do child support payments have to be set up with the state?
• Can child support be paid to someone else if the child moves out?

Collecting Child Support

• How can I ensure he pays child support every month? 
• What are my options if my ex stops paying child support?
• Can I stop visitation if he doesn't pay his child support?
• Is child support still owed if the custodial parent dies?

When Does Child Support End

• What factors impact when child support ends?
• Does back child support end when the child turns 18?
• Will I owe child support if his new wife adopts our child?
• Does child support end if the child moves out on her own?
• Do I still owe support if my child gets married?

Collecting Back Child Support

• What are the different ways to collect back child support?
• Can his tax refund be seized to pay back child support?
• Will he still owe back child support if he gets custody?
• Does back child support go to the child or parent?

Child Visitation and Parenting Time FAQs

Visitation Schedule & Rights

• What is a good visitation schedule?
• Can I set visitation times if the decree doesn't include a set schedule?
• Does he need my address if he has custody and I have visitation?
• How do I get visitation increased if I'm the non-custodial parent?
• Do siblings have visitation rights?

Holiday Visitation

• What if it’s my holiday with the kids but his weekend for visitation?
• Does holiday visitation take precedence over a vacation time?
• What if birthday visitation and holiday visitation occur at the same time?
• How will a custody change affect the holiday visitation schedule?

Summer Visitation FAQs

• What is the standard summer visitation schedule?
• Do the regular exchange times apply to summer visitation?
• Can I enforce the summer visitation period even if he’s in football?
• Do I have to force my child to go to her dad's for the summer?

Out of State Visitation

• How is long-distance visitation handled?
• Would the court order out-of-state visitation for a toddler?
• Who pays transportation costs for getting the children back and forth?

Inconsistent Visitation

• What if he doesn't comply with the visitation schedule?
• He doesn't let me know about schedule changes?
• How do I keep his inconsistent visitation from affecting my son?
• What can I do if he says I denied visitation, but he didn't show up?

Visitation with an Absent Parent

• How do you help a child understand why their father isn't around?
• Do I have to allow visitation if he's been gone so long?
• Could he get standard visitation after being gone for so long?
• What can I do if she's never known her Dad and is afraid of him?
• Does he have to visit his dad if there's been no contact for years?

Changing Visitation

• Can he get more visitation than the decree specified?
• He doesn't want to follow the schedule we agreed to.
• How is visitation scheduled if a woman breast feeds her child?
• Can we switch weekends for a special occasion?

Child Visitation Environment

• Is a bird-nesting arrangement okay for visitation?
• What if he gives her foods that trigger her allergies?
• Shouldn't he have his own set of car seats for the children?
• Is he required to have separate bedrooms for our children?
• What if the residential parent doesn't have a place to live?

When a Child Refuses Visitation

• How old does a child have to be to make decisions about visitation?
• Can teenagers legally choose whether to go for visitation or not?
• What to do if your child doesn't want to visit the other parent.
• What is my responsibility if my teen is refusing visitation?
• Can they lock me up if I refuse to allow visitation?

Custodial Interference

• What is custodial interference?
• What can I do if my ex didn't return the kids after visitation?
• What if he won't let me see my kids unless he's there?

Supervised Visitation

• Can supervised visitation be part of our custody agreement?
• Where does supervised visitation take place and who decides?
• Can I get supervised visitation if he lost custody of his other children?
• Can I limit who is present during supervised visits with my son?

FAQs about Co-Parenting and Parental Concerns 

Co-parenting Dilemmas

• Do I have to tell him exactly where we are at all time?
• What is a reasonable amount of telephone contact?
• How do I explain that I can't afford to do things like their dad does?

Significant Others in Your Ex's Life

• Do I have a right to know who is living with my ex?
• Can a judge dictate who can be near the children?
• Does my his new wife have any rights as a step parent?
• What can I do if the stepmother treats my son badly?
• Would a judge make his girlfriend move out?

Educational Decisions

• What determines which school the child will attend? 
• Can he pick the kids up from school without my permission?
• Is the teacher required to give copies of school work to both parents?
• Does my ex have to be listed as an emergency contact if I have sole custody?

Custody Vacation Times

• Are vacation times meant to occur during summer break? 
• How do I make sure he'll take care of her during their vacation?
• Would an email be considered written notice for a vacation time request?

Medical Issues

• Should I continue to update him abpout doctor appointments?
• Is interfering with medical treatment grounds for a custody change?
• Who is responsible for supplying medications during visitation?
• What are my rights to participate if my son needs emergency care?
• Will he be able to get braces for our son without my permission?

Visitation Safety and Risky Situations

• What makes a parent unfit for custody or visitation?
• What if my ex's abusive behavior is affecting our son?
• Can he get visitation if he has serious mental problems?

Children's Passports

• What is required to get a child's passport if the parents are divorced?
• Can I get a passport for my child if there are no custody orders?
• Which parent is the owner of the child's passport?

Parental Kidnapping

• I'm afraid he'll take our child while we are separated.
• He's threatening to take our son and leave if I divorce him.
• Should I get a custody order to keep him from just taking our kids?
• How do I stop him from taking our kids out of the United States?
• What if he hasn't returned our kids and I can't contact him?

Drug and Alcohol Issues

• Will my DUI case cause me to lose custody?
• Can he get joint physical custody if he's an alcoholic?
• Can I get custody and visitation changed if my ex is an alcoholic?
• How can I prove that he's an alcoholic?
• Can I request he's tested for drugs prior to his visitation?

Incarceration

• Can he get visitation if he is abusive and has a drug conviction?
• How is custody affected if he's been convicted of a crime? 
• Does he still have joint custody after being released on bail?

Guardianship Issues

• Can my new husband be assigned guardianship?
• Can my child be raised by a guardian instead of his dad?
• Would I be able to get guardianship of my grandchildren?
• Could I lose custody by giving guardianship to the grandmother?

Financial Issues and Tax Questions

Tax Issues

• Is child support taxable?
• How is child support affected if we filed a joint tax return?
• Who gets to claim the tax deduction for dependents after divorce?

Health & Life Insurance Questions

• Can I make him carry health insurance on our daughter?
• 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?

FAQs aboutChild Care Expenses

• Who pays for childcare after divorce?
• Shouldn't he be required to pay for a portion of the daycare?
• Am I responsible for daycare during her Dad's summer visitation?

Additional FAQs:

Questions about Divorce Emotions 

Divorce Financial Questions 

Divorce Questions & Legal FAQs