Child Custody Help and FAQs
- Can custody be shared in both parents live in different states?
Joint custody, which involves joint decision making, is permissible even if both parents live in different states. - I am the grandparent, can I get custody of my grandchild?
Grandparents have legal standing to petition for custody, the best interests of the child standard will be considered. An attorney should be consulted. - If my child's parent continuously ignores a visitation order can I ask for custody because of that?
In the most extreme cases, the court may consider continued violation of a visitation order as a factor in deciding who should be awarded custody. - If I have sole custody of my child, can I move out of state without the other parent's permission?
Unless the court specifically prohibits relocating, sole custody allows the custodial parent to make all decisions concerning the child including relocating to another state. - Do we have to go to court or can we do a custody agreement in writing?
Parents can have a written agreement concerning custody, without the court's assistance. - What are the chances of me getting custody of my child if I am unemployed?
One of the factors considered when applying "the best interests of the child" standard in deciding custody, is the requesting parent's financial ability to support the child. - If my child's other parent agrees to my having custody, can he/she change her mind?
Even if there is a current order of custody, custody may be changed at any time if the courts believe there is a substantial change in circumstances. An attorney should be consulted. - Can I get custody if we are still living together?
An order of custody can not be granted to either parent while both parents still live together. - Can my child's other parent get custody if he/she is homosexual?
A parent's sexual preference is not determinative of which parent is awarded custody. - I am not related to the child but have been raising the child as if it were my own, can I sue for custody?
Although the laws do not explicitly state that a non-biological parent may sue for custody, some courts are starting to permit such petitions. An attorney should be consulted.
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