Child Custody FAQ
Answers to common child custody questions.
What factors do courts take into account when deciding who gets custody of the children?
» If one parent moves out and leaves the kids with the other parent, does it hurt the moving parent's chances of getting custody at a later date?
Are courts more likely to award custody to mothers than to fathers?
Does custody always go to just one parent?
Are there special issues if a gay or lesbian parent is seeking custody or visitation rights?
Is race ever an issue in custody or visitation decisions?
Who determines how much visitation is reasonable and fair?
Is mediation is the best approach to solving disagreements about child custody?
If one parent moves out and leaves the kids with the other parent, does it hurt the moving parent's chances of getting custody at a later date?
In a word, yes. Even when a parent leaves to avoid a dangerous or highly unpleasant situation, if the parent hopes to have physical custody at a later time it's unwise to leave the children behind. The parent who leaves sends a message to the court that the other parent is a suitable choice for physical custody. Also, assuming the children stay in the home where the parents lived as a family, continue in the same school, and participate in their usual activities, a judge may be reluctant to change physical custody, if only to avoid disrupting the children's regular routines.
If a parent must leave the familial home (and wants to be the primary physical custodian), the moving parent should take the children along and, as quickly as possible, file in family court for temporary custody and child support. If this process is delayed, the other parent may go to court first and allege that the kids were taken without that parent's consent or knowledge. Family law judges frown on a parent who removes the children from the home without seeking the court's recognition. A judge may order that the children be returned to the family home, pending future proceedings to determine physical custody.
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