Child Custody & Visitation FAQ
I’m the father. Everyone tells me that the mother always gets custody and that I have no chance to be awarded custody. Is this true?
Absolutely not! There is no rule that either party will receive custody of the children. The Court examines what is in the best interest of the children to determine custody and visitation.
I do not want my ex-husband’s new girlfriend to be there when he visits with my children. Can I prevent this?
Generally speaking, the Court will not ban the new girlfriend from attending visitation unless there is a true reason, like a safety concern, to do so. The answer depends in the facts of your individual case.
I have physical custody of the children. I was offered a significant promotion but would have to move out of state to take the position. My children’s mother does not want them to move. What do I do? What will happen?
Generally, if you want to move out of state and your spouse does not want you to do so, you must seek the Court’s permission and demonstrate that it is in the best interests of the children to move with you to the new state. Because they will not see their mother regularly, you must fashion vacations and school breaks to have them make up that time.
Can we change the visitation schedule if we agree?
Yes. The visitation schedule in the court’s order is the minimum visitation that must take place. If you are able to agree on revisions, that is perfectly acceptable.