My Civil Advocate

A job opportunity, education, military duty, marriage, and a change of scenery are among the reasons why people relocate. However, when children from a previous relationship are involved, it's not a simple matter. A move can have a significant impact on the child as well as the visitation rights of the noncustodial parent. A custodial parent needs to be familiar with possible travel restrictions in their divorce or child-custody agreement, and with state law, before contemplating a relocation. Although laws differ form state to state, frequently, the custodial parent must notify the noncustodial parent of their intention to move. It is incumbent upon the noncustodial parent to file an objection with the court if they are not on board with the relocation. They may also seek a change in the custody agreement. It's a very serious matter when a custodial parent does not abide by the agreements stipulated in the divorce/child-custody decree or state law concerning a move. They r...

We figured it might be helpful to produce a short article that summarizes the key differences among different types of custody. Full custody: this means that one parent is granted the majority of custody time and legal rights for the child. Joint custody: in this situation, the parents can split the physical custody of the child, and then have just one of the parents handle the legal custody (and, as a result, make any major decisions on behalf of the child). More common is to have parents share legal custody and then have one parent awarded physical custody. True joint custody arrangements, in which parents share both physical and legal custody equally, tend to be rare because of the logistical and personal issues involved (scheduling, added stress, disruption of the child's routine, costs, etc.) Sole custody: this means that one parent is awarded full legal and physical custody. These arrangements are rare, and are typically only set up if one parent is deemed unfit or wh...

In post-divorce situations, there is sometimes tension between two premises: 1) It is generally best for ex-spouses' children to maintain ongoing relationships with both parents; 2) welfare of the children must not be compromised. If the custodial parent believes that their children will be harmed in some ways with unsupervised visits with their ex-spouse, emotionally or physically, he/she may file a petition with the court requesting supervised visits. Solid reasons and evidence must accompany such a request. Generally, dislike and bitterness toward an ex-spouse are not going to cut it. A hearing will be scheduled during which both parties can state their case and defend themselves. Reasons a court may order supervised visits include the noncustodial parent having problems with drug or alcohol abuse; a history of physical and/or emotional abuse; the noncustodial parent and child have been separated for a long time and or have never spent time together; or the noncustodial...