Finishing off this series of blogs on child custody questions, below are five additional common questions that are asked during the part of a divorce process.
Can I Bring My Child With My If I Move Out-Of-State?
When it comes to custody, most orders do not allow a child to move out-of-state without a court’s permission. If you are deciding to move, you will need to advise the court of your changed circumstances and file a petition to modify your child custody arrangement. The biggest factor you will need to prove in your petition is that this move is in the child’s best interest. If you move out-of-state without a court’s approval, you will be at serious risk of losing the custody. In addition, you could face potential fines and even jail time as it could be considered as kidnapping. To prevent any issues from happening, you will want to resolve all custody issues before moving. You may also want to contact a lawyer for interstate custody.
Can I Change My Child’s Last Name From The Father’s Surname To Mine?
Unless you have a court order, you cannot change your child’s surname. There are times where parents can have a mutual agreement to change a child’s last name and if there is no fight back from the other spouse than the court will usually approve the request. There are times that a parent will object to this request, in which you will have to prove the name change will be in the child’s best interest. If approval is given, then you will need to contact the Social Security Administration and state agencies to notify them of this update.
Can Child Custody Orders Be Changed or Modified?
As a child gets older, courts recognize that the best interests and needs may need to be updated or changed. Some states have waiting periods where changes can’t be made during a certain time. There are instances where you can change a custody agreement if you can prove that circumstances have significantly changed. A good example of this is evidence of child abuse.
If both parents agree to a change in the custody order, the court will typically approve as it is a mutual change. If there are any objections then the court will hold a hearing to determine what the best interests are of the child.
What Is Child Support and What Does It Cover?
When there is custody, there is child support. Child support is payment given to a custodial parent to help cover daily expenses for the child. This can cover a large range of expenses from food to clothing. In some instances, states have guidelines that help courts calculate fair and appropriate child support payments. While other states award financial support on a case-by-case basis. Along with anything in the divorce and child custody process, any updates or changes will go a lot more smoothly if you submit them to the court for approval.
Do I Need A Lawyer for Child Custody Issues?
When it comes to child custody cases, they can become complicated and contentious very quickly, so it is important that you find an experienced child custody or family law attorney or lawyer. Lawyers can help parents understand their rights, prepare a custody claim, and will be able to negotiate with the other parent of what you are looking to get. This can help limit prolonged litigation. While lawyers do have their own costs, their knowledge and experience are great assets to make the divorce and child custody process go as smoothly and quickly as possible.
If you are in need of a family law or divorce attorney, please contact the law offices of Andrew Norton today!