Questions to Ask During Child Custody

Child custody is an opportunity for a couple that shares the guardianship --- legal and physical custody --- of a child or children to divide that guardianship appropriately after the couple decides to live separately. To protect the rights of all parties involved and achieve the best possible outcome for the minor child or children, it's important to have an idea of what questions to ask during your child custody case.

  1. Financial Questions

    • Child-related expenses beyond basic child support can be agreed upon in child custody cases.

      Child support costs, responsibilities and payment details are critical issues in child the status of either guardian or any of the children changes. For example, if a paying spouse loses his job or is unable to pay for a period, how will that be handled? Also ask about how large, unexpected child-related expenses will be handled.

    Travel and Lodging Questions

    • Ask what travel is permitted and how much notice needs to be given.

      Whether the custody arrangement is to be shared custody or a different setup, it's important to know the location of everyone's living arrangements and how notification will occur if one or both of the guardians moves. Are there restrictions on moving distances or locations? What about travel for business or vacation? Will either or both guardians be permitted to travel across state lines or out of the country with the children, and for how long? How much notification is needed for an out-of-the-country trip?

    Schedules and Custody Change Questions

    • Regardless of how well-planned any custody arrangement is, there's always the potential need for changes. Ask for details on what the procedure is for requesting changes to the custody arrangement and what time frames are for requesting and getting rulings on changes. Also, if your lawyer, the mediator or judge doesn't specifically outline how your custody case will proceed with details on the schedules and finalization of the legal paperwork, be prepared to ask.

    Relative Rights Questions

    • In certain states, grandparents have specific rights regarding their grandchildren.

      If the child or children involved in the custody case has grandparents or close relatives who want to remain active in their lives, ask if it's possible to outline rights and privileges for those relatives ahead of time. Also discuss enforcement of those rights and how that will proceed, if necessary. Making decisions at the custody stage to provide access to both sets of grandparents in a structured way can help eliminate misunderstandings and prevent difficulties in the future.

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