Child Custody FAQ

Child Custody FAQ

Frequently Asked Questions About Child Custody Law

  • What exactly is child custody law?

    Child custody law is what governs the custody of a child, especially during a divorce or separation. Custody law defines the rights & responsibilities of each parent involved.

  • How is child custody determined?

    Child custody has the child’s best interest in mind. That being said, the judge determines based on which parent has been the sole caregiver throughout the child’s life as well as who is best fit to be the caregiver in the future.

  • Should an attorney be hired for a child custody case?

    Yes, a child custody lawyer knows the ins and outs of child custody. The child custody lawyers at Ferguson Law Firm have years of experience in child custody law.

  • Do unmarried mothers need to file for custody?

    Some states encourage and expect unmarried mothers to file for custody, while other states assume unmarried mothers get custody of the child. Read up on the child custody laws in your state to find out what the laws are.

  • Is visitation always given to a non-custodial parent?

    Most judges do give visitation rights to non-custodial parents because children should be able to see both parents if they are both fit to do so. However, if the non-custodial parent is a danger to the child, visitation will usually not be given.

  • What happens when a noncustodial parent ignores visitation responsibilities?

    Your child custody lawyer can petition the court for what is known as “enforcement,” which would be an attempt to get the co-parent to live up to the responsibilities. If they do not, they can face severe consequences.

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