Question 1

What is child custody?

Accepted Answer

Child custody is a term that refers to a parent’s or guardian’s legal and practical right to look after a child.

Question 2

What are the different types of custody?

Accepted Answer

The two most typical types of custody are joint custody and sole custody.

Joint custody/co-parenting: When two parents both share custody of the child and have the child for more or less equal amounts of time

Sole (or primary) custody: The child lives with one parent all or most of the time, although the other parent may have visitation rights that might be supervised.

Question 3

What is a non-custodial parent?

Accepted Answer

A non-custodial parent is a parent who does not have majority custody of their child.

Question 4

What are visitation rights?

Accepted Answer

When a court grants sole custody to a parent or guardian, in most cases the non-custodial parent is given the right to see and visit the child. Visitation orders can be quite different from one family to the next, depending on their unique circumstances.

Question 5

How do I start the custody process?

Accepted Answer

The legal process for obtaining custody varies significantly based on your location, and the forms you will need to submit are different from state to state.

Many custody and visitation cases in the United States involve the following steps:

Fill out all the forms that your state requires
File a custody complaint with the court and pay a fee
Serve the other parent or guardian with custody papers
Prepare your case
Attend a child custody hearing

Your legal team should guide you through the process, helping you every step of the way.

Question 6

How is custody determined?

Accepted Answer

Custody determinations are normally made in two ways.

The parents or guardians may be able to negotiate a settlement. If this is the case, a judge is likely to formalize the terms of the settlement in the child custody hearing.
If the parents cannot come to a mutually agreeable arrangement, the judge will listen to the arguments of both parents and try to make a determination that’s in the best interest of the child.

The court takes many factors into account when awarding custody to a parent, including the parents’ ability to provide for the child, the parents’ relationship with the child, any special or medical needs, as well as the child’s age.

Question 7

What’s a custody order?

Accepted Answer

A court-ordered document that sets out the terms and conditions of the child’s physical and legal custody, and, where relevant, visitation rights for the other parent (and in some cases, grandparent).

Question 8

Can a custody order be changed?

Accepted Answer

Yes, a parent or guardian can request a modification to a custody order any time before the child turns 18. In order to make the change, you must present to the judge why the modification is in the best interest of the child and show evidence of a substantial change in circumstances since the original order.

Question 9

What’s a private custody agreement?

Accepted Answer

In some cases parents are able to work out a reasonable child custody agreement between themselves. However, in order for it to be legally binding, it’s important to still work with a lawyer to have the agreement drawn up, signed by a judge, and filed with the court system.

Question 10

Can anyone other than the parent of a child file for custody?

Accepted Answer

Yes, another guardian can file for custody. In most cases, a non-biological parent is only awarded custody when both parents consent to the transfer of custody. More rarely, a non-biological parent may be able to gain custody after the biological parents’ rights to custody have been terminated. A family member may also file for custodial rights if the biological parent is unfit.

Question 11

If I’m an unmarried mother, do I need to file for custody?

Accepted Answer

This depends on the state where you reside. Some states automatically presume that unmarried mothers will have custody of their children, while others expect unmarried mothers to file for custody.

Question 12

How do I prepare for a custody hearing?

Accepted Answer

It’s important to work together with your child custody lawyer to prepare for your court appearances. Be polite, adhere to the rules of the courtroom, and follow your lawyer’s lead.

Question 13

What happens when you violate a court order regarding child custody and visitation?

Accepted Answer

The consequences for violating a court order can be quite serious, ranging from loss of all visitation to criminal charges. If you need to modify a visitation schedule or file an emergency custody petition, it is important to do so through the court system. Otherwise, the judge can hold you in contempt of court.

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