Children and Divorce FAQS

Below are various children and divorce FAQs organized by topic. Each of the main categories will take you to a section where you can review some of the previously answered questions about children's issues in divorce: 

By WomansDivorce

Topics:

Parental Kidnapping FAQs

• 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 took our son and is refusing to bring him back?
• How do I get my child back if we never had custody papers?
• What if he hasn't returned our kids and I can't contact him?

Custody and Domestic Violence

• I found out I was pregnant after I left. Do I have to tell him?
• Can my unborn child be added to the restraining order?
• Will the temporary custody order be continued at our hearing?
• Is custody still established if a restraining order expires?
• Can I get sole custody if he's verbally abusive to me?
• Can he get custody with his history of domestic abuse?
• Can the relocation clause be modified if violated the restraining order?
• Can supervised visitation be part of our custody agreement?
• What happens to our custody order if I go back to him?

General Child Custody Questions

• How can I get custody and visitation orders in place?
• What does legal custody mean?
• What are the differences between sole and joint custody orders?
• What rights will I have with a joint custody arrangement?
• Could he get joint custody of our toddler?
• Will the custody agreement remain valid if I drop the divorce?
• What if he restricting my access to the kids?
• What if I was unable contact him about our change of address?
• Could I lose custody by giving guardianship to the grandmother?
• What is a reasonable amount of telephone contact?
• Is joint custody a possibility if he doesn't even use his visitation?
• He claims he's the primary parent, but we agreed to joint custody.
• Could he possibly get custody of our baby if we get divorced?
• What custody arrangement is best if he is abusive?
• Will his disability increase my odds of getting custody?
• Will it hurt my custody case if I move out without the kids?
• Can he get custody because I had an affair?
• Is there a set age when a child can decide where to live?
• Would the court allow our children to be split up?
• How will it affect custody if I live with my parents?
• Can I request a new judge for our custody case?
• Could it jeopardize custody if I date someone after the divorce?
• Could he get custody changed if I live with my boyfriend?
• Will my boyfriend's DWI result in my ex getting custody?
• 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?
• Does a husband have parental rights if the unborn baby isn't his?
• Will it affect custody if I'm pregnant by another man?

Drug and Alcohol Issues

• Will my DUI case me to lose custody?
• Could he get custody changed because I relapsed on my drinking?
• Can he get joint physical custody if he's an alcoholic?
• Will my boyfriend's DWI cause me to lose custody?
• How can I prove that he's an alcoholic?
• How do I prove that he's not a good parent and a drug-user?
• He said I will never get custody because of my past.
• Can I get custody and visitation changed if my ex is an alcoholic?
• Can he get visitation if he is abusive and has a drug conviction?
• How can I revoke visitation until he is drug free?
• Can I request he's tested for drugs prior to his visitation?
• Can the decree be modified to require random drug tests?
• Could I lose custody if I'm dating a man who was in rehab?
• More faqs about substance abuse and child custody

Children and Annulment

• Would an annulment affect child custody and support orders?
• Will an annulment mean a child from the marriage is illegitimate?
• Will there be a financial impact on my kids if I get an annulment?
• If he isn't the father, would an annulment affect his parental rights?

Paternity Issues

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

Questions about Adoption and Step Parents

• Does a stepparent adoption need the consent of both parents?
• How do we proceed with the adoption if everyone agrees?
• Can I take away my ex's parental rights so my fiancé can adopt my child?
• Will a child's wishes to be adopted make a difference?
• Will we need to find my ex-husband to complete the adoption?
• What rights do stepparents have regarding the children?
• Could I get custody of my stepchild if her father abused her?
• Could his wife be able to adopt my children if I die?
• Can I terminate my parental rights of my stepson?
• If a custodial parent dies, can the children live with a step-parent?
• Would a stepparent have any custody rights?
• Will I get custody if he is the adoptive parent?
• How do I make it legal if my son's adoptive parents allow him to move back with me?
• Will I owe child support if his new wife adopts our child?

Children and Divorce FAQS about Grandparents

• Can grandparents file kidnapping charges against a parent?
• Could the grandparents prevent me from relocating?
• What steps are needed to get temporary custody of my grandchild?
• Do I need my ex's agreement to give custody to my mom?
• Can grandparents get custody if the child wants to live with them?
• Could I lose custody if I give guardianship to the grandmother?
• Would I be able to get guardianship of my grandchildren?
• Can the father and grandparents share custody?
• 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?

Guardianship Issues

• Should I seek guardianship or legal custody?
• Can my new husband be assigned guardianship?
• Can my child be raised by a guardian instead of his dad?
• Is guardianship necessary if she will be 18 in two months?
• Would I be able to get guardianship of my grandchildren?
• Can a guardian get a custody order changed?
• Can a guardian file for divorce on behalf of a disabled person?

Co-Parenting Rights

• Do I have to tell him exactly where we are 24/7?
• Is he allowed out our child of state without telling me about it?
• How do I prevent out of state trips in the future?
• Can I have someone else watch the kids if leave the state?
• How do I keep my kids from being around his girlfriend?
• Does my ex's wife have any rights as a step parent?
• What can I do if the stepmother treats my son badly?
• Would a judge prevent his girlfriend from being around our child?

Medical Issues

• Should custody be changed so he won't interfere with medical decisions?
• Should I continue to inform him of decisions regarding the children?
• Is interfering with medical treatment grounds for a custody change?
• Who is responsible for supplying medications during visitation?
• Can I limit visitations to no overnights for medical concerns?
• How do I stop visitation until he is medically trained to care for her?
• Would a medical condition be grounds for granting supervised visitation?
• What are my rights to participate if my son needs emergency care?
• Do I need his consent to seek regular medical care for our child?
• How can I make sure I'm notified of all medical decisions?
• Will he be able to get braces for our son without my permission?
• 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?

Child Custody and Visitation Rights

• What if I can't afford the growing legal fees in my custody battle?
• Can I set visitation times if the decree doesn't include a set schedule?
• Do I get to set the visitation times if there is no custody 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 I refuse visitation if I have sole custody?
• Is child support still required if visitation is denied?
• What is considered in a petition for increased visitation?
• Do the kids have to go for visitation while their Dad is in Iraq?

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?
• Can I get in trouble if he didn't follow the visitation schedule?

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 legal rights do my kids have not to see their absent father?
• What can I do if she's never known her Dad and is afraid of him?
• Will he get visitation if my 12 year old doesn't want it?
• How do I handle visitation if he's been imprisoned for child abuse?

Changing Visitation

• How do we make up the mid-week visit?
• Would we be able to switch the schedule for a special event?
• Can he get more visitation than the decree specified?
• Can he change the visitation schedule without going back to court?
• He doesn't want to follow the schedule we agreed to.
• Can visitation be changed if I no longer work the night shift?
• How is visitation scheduled if a woman breast feeds her child?
• Can I ask for a change in the schedule if he's never used his visitation?
• What's the best way to resume the schedule after a switch?

Child Visitation Environment

• Is a bird-nesting arrangement okay for visitation?
• Would he get overnight visitation if he's ever watched the baby?
• 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?
• Can he get visitation on the weekends since he doesn't have a home?

Visitation Safety and Risky Situations

• Can a drug test be required before visitation?
• How do I protect my kids if he's driven drunk with them in the car?
• Can I stop visitation if he got a DUI when the kids were in the car?

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?
• Can visitation be stopped if she doesn't want to go to her Dads?
• 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?
• Would visitation be ordered if my 17 1/2 yr. old doesn't want it?
• Can he stop child support if my 18 yr. old doesn't want to visit?

Filing for 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?
• Does giving up parental rights release him from child support?
• Will the original support orders still apply if I move?
• Can I withdraw my petition for child support?
• If my child is on Medicaid is a child support order required?
• Should the cost of college be included in our support order?
• Can he file for support if it was waived it in our divorce papers?

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.
• Shouldn't he be required to pay for a portion of the daycare?
• Am I responsible for daycare during her Dad's summer visitation?
• Can I be paid for 1/2 the school tuition in addition to support?
• Are extraordinary medical expenses separate from child support?
• Can child support calculations be based on a new spouse's income?
• Can life insurance for my son be required in the child support order?

Tax Information Concerning Child Support

• Is child support taxable?
• Will the child support change if we file our taxes together?
• How do I get his tax refund flagged for delinquent child support?
• If my tax refund is taken to pay support, who gets the money?
• Would a lump-sum payment for back child support be taxed?
• Will he be able to claim our son if he's behind on his support payments?

Tax Questions

• Which parent claims the children as dependents?
• Do I get to claim our kids the divorce papers don't stipulate this?
• Doesn't the custodial parent get the deduction regardless?
• Could the non-custodial parent get the deduction every year?
• Does he still get to claim the children if custody changes?
• Am I entitled to part of his refund if I let my ex claim our son?
• Can he claim our child if he isn't current on child support?
• How do we change who gets the tax dependent claim?
• How is child support affected if we filed a joint tax return?
• Can his tax refund be seized to pay back child support?

Additional FAQs:

Questions on Divorce Emotions 

Divorce Financial Questions 

Divorce Questions & Legal FAQs