Practice Area
Child Custody – FAQs
- If I move out of the house and leave the children with my spouse, does it hurt my chances of gaining custody?
Yes. Even if a parent moves out the house for their own safety, and leaves the children with the other spouse, it may hurt that parent’s ability to later gain child custody. The court will take this act to mean that the other spouse is better suited to care for the child’s wellbeing and that you have no concerns about leaving your children with the other parent. Most courts also prefer to allow children to remain in the family, continue attending the same school, and maintain the status quo depending on their age. The best thing to do for a parent to do when leaving the family home is to take the children and file for temporary custody and child support.
- If I am a custodial parent, am I free to take the child and relocate to a different location?
Depends. When a parent with custody of a child moves to a different city, state, or country, the relocation can affect the non-custodial parent’s access to the child. The custodial parent, therefore, must seek approval from the court before moving with the child by filing a move-away petition. Relocation may also be sufficient grounds for the non-custodial parent to seek modification of the child custody order; however, the non-custodial parent must also show that the move is detrimental to the child’s wellbeing.
- Does religion play any role in determining child custody?
Generally, no. Whether a parent practices a particular religion or not is not normally considered by the court when deciding custody. Of course, if the religious practice (i.e., cults) places the child in danger or negatively impacts the best interest of the child, the court will factor that consideration in.
- What can I do if the other parent does not comply with child custody orders?
If the other parent does not follow court custody orders, your attorney can file a motion for contempt. Through this motion, you can request attorney’s fees or have the court impose monetary sanctions until the other parent complies with the order.
- Can a pre-nuptial or post-nuptial agreement contain provisions that dictate child custody and child support arrangements?
No. Parents cannot agree on child custody or child support issues in any marital agreement since they are viewed as rights belonging to the children rather than the parents.
