Child Custody FAQ

When parents separate, custody of their children can often become a source of contention and heated disputes. Additionally, for couples who have never married or lived together, determining primary physical custody, visitation schedules, and parenting time arrangements can be an even more complex challenge.

If you’re seeking insights into how family courts make custody decisions, or if you’re looking to understand the process of enforcing child custody orders, the following information may be of assistance. Seek the advice of an experienced family law attorney for specific questions about your state’s child custody laws.

How Are Custody and Visitation Time Established?

Establishing custody of your child, visitation time, where the child lives, and decision-making authority are pivotal aspects of child custody arrangements. Most cases focus on:

• The best interests of the child, prioritizing the child’s well-being above all else
• A parenting plan that outlines legal custody and visitation schedules
• Using custody mediation to resolve custody and visitation disputes amicably
• Flexible custody arrangements that are not set in stone and can be modified if circumstances change

What Are Custody Evaluations?

Custody evaluations are thorough assessments conducted by mental health professionals or experts to help courts make informed decisions about child custody cases. These evaluations include:

• An objective assessment of each parent’s ability to meet the child’s physical, emotional, health care, and developmental needs
• A comprehensive examination that considers information from various sources, including interviews with parents, children, and family, along with psychological testing
• A child-centered approach that focuses on the best interests of the child
• An assessment of the mental health of each parent and their ability to provide a safe and nurturing environment

What Can I Do If the Other Parent Won’t Let Me See Our Child?

Dealing with a situation where your co-parent prevents you from seeing your child can be distressing. Here are some tips:

• Maintain open communication with your co-parent in a calm and respectful way
• Consult with a child custody attorney who can provide guidance on your parental rights and legal options
• Consider engaging in mediation to facilitate productive discussions between you and your co-parent
• Document all communication and interactions related to visitation
• File a motion with the court to enforce your visitation rights
• Demonstrate your dedication to providing a safe and loving environment for your child

What if My Child Doesn’t Want to Visit With the Other Parent?

When faced with a situation where your child refuses to visit with the other parent, it can be challenging. Keep these tips in mind:

• Start by having an open and non-confrontational conversation with your child. Understand their concerns and feelings.
• Determine if there are legitimate safety or well-being concerns or issues causing your child’s discomfort.
• Consider involving a mediator or mental health professional who specializes in child-related issues.
• Consult with a family law attorney to explore your options, such as modifying visitation orders.
• Consider involving a child psychologist or therapist who can evaluate the situation and provide recommendations.

Do I Need the Other Parent’s Permission to Move Out-of-State With Our Child?

When considering a move out-of-state with your child:

• Review your existing custody agreement or court orders, which may contain provisions regarding relocation
• In cases of joint legal custody, you typically require the other parent’s permission to relocate with the child
• In cases with joint physical custody, you likely will need to adjust the parenting time schedule by adjusting the amount of time each parent spends with your child

• If the move is deemed beneficial for the child, the court may grant permission even without the other parent’s consent
• Be prepared to demonstrate the advantages of the relocation for your child and how you intend to ensure continued contact with the non-custodial parent
• In some cases, mediation can help both parents reach an agreement regarding the relocation

It’s essential to consult with a family law attorney to understand the legal requirements specific to your situation.

How Is Visitation/Parenting Time Determined During the Summer or Over Holidays?

When it comes to determining visitation or parenting time during the summer or holidays:

• Refer to your parenting plan or custody agreement, which will outline specific provisions for summer and holiday visitation, including dates, times, and duration
• Maintain open and clear communication with the other parent
• Be willing to accommodate each other’s schedules and make compromises when necessary
• Consider the child’s age, preferences (if appropriate), and any special holiday traditions or events that are important to them
• Consider mediation as a means to reach a mutually agreeable solution

Ultimately, the goal is to create a visitation schedule that allows the child to maintain meaningful relationships with both parents while considering their best interests and specific circumstances.

What Rights Do Stepparents Have Regarding Visitation?

Stepparents or other family members can play significant roles in their stepchildren’s lives, but when it comes to visitation rights:

• In most cases, stepparents do not have automatic legal standing to seek custody rights with their stepchildren.
• Stepparents can generally visit their stepchildren when both biological or adoptive parents consent to it.
• In exceptional cases, such as when the stepparent has acted as the child’s primary caregiver and has a significant emotional bond, courts may grant visitation rights even without parental consent.
• Courts assess factors like the child’s well-being and the nature of the stepparent-stepchild relationship.
• If the stepparent and biological parents have reached a custody agreement or parenting plan that includes visitation for the stepparent, this agreement can be legally enforced.

How, When, and Why Can a Child Custody Order Be Modified?

When there is a significant change in circumstances affecting the child’s well-being or parental fitness, a parent can petition the court for modification, or parents can mutually agree to modify a court order. Significant changes may include:

• A parent’s relocation, changes in the child’s needs, or substantial changes in a parent’s lifestyle
• One parent consistently violating the existing custody order

• Changes that benefit the child’s physical, emotional, or developmental well-being
• A safety risk to the child due to a parent’s behavior, substance abuse, or other factors
• Changes in a parent’s ability to provide a stable and nurturing environment, such as improved parenting skills or rehabilitation from substance abuse

Consulting with a child custody lawyer is advisable when considering or pursuing a custody order modification or trying to resolve any major decisions or custody disputes.