Answers To Common Child Custody Questions
At Rombro & Manley LLP, we know that child custody can be a tiresome and complicated subject to navigate. We hope to bring you clarity by answering several of the most common questions about child custody.
Can we establish our own custody arrangement?
If you are able to come to an agreement with your ex-partner, you can avoid having the court make many of your parenting decisions for you. Keep in mind that if one parent does not follow the agreement, the court cannot enforce it until the agreement becomes a court order. It is best to have the court sign off on your agreement initially, in the even that it needs to be enforced.
If you cannot agree on the terms of custody and visitation, the judge will require mediation. Should you still be unable to agree, the court will decide your custody and visitation schedule for you.
Can one parent relocate with the children?
If you are the custodial parent, it is possible to move away with the children. However, the court will need to re-examine the custody arrangement to make sure it is still in the best interests of the child. The court will also take into account the circumstances surrounding the move. If you do not notify the court and instead interfere with an established custody agreement, you may face criminal charges.
Who determines how much visitation is reasonable and fair?
In most cases, it is in the best interests of the child to spend time with both parents. Parents can work together to create a visitation schedule to ensure the both parents have access to their children. If the parents are unable to come to an agreement, the court will intervene and set a visitation schedule.
Can anyone other than a parent get custody of a child?
There are circumstances under which a grandparent or other family member may obtain custody of a child. The individual seeking custody has to make a legal request and provide evidence as to why the judge should grant custody to someone other than the parent.
Can I move my kids out of state and then get a divorce?
In order for a court to exercise jurisdiction over a child custody issue, the court must be within the “home state” for at least six months before filing. If you move out of state before filing for divorce, you may have to wait to file if you want to file in your location.
I am worried the other parent may abduct my child. What can I do?
If you are concerned about the welfare of your child, you should contact law enforcement and your attorney immediately. If you suspect your ex-partner may attempt to move your child to another location, it is important that you keep very detailed records of any identifying information. Take note of all of your ex-partner’s relatives, and their phone numbers and addresses. Also, make sure to have current photos of your child handy. You should talk to your child about what to do in the event of an abduction and have a code word that is kept between the two of you.
Discuss Your Case Today
Of course, every case is unique. If your questions were not answered already, we encourage you to contact us today. The attorneys at Rombro & Manley LLP have helped parents establish child custody plans for over 40 years and are ready to assist you.
You may schedule an initial office consultation online or by calling us at 310-545-1900.