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Are Internet visits counted against my visitation time?

When two parents separate, child visitation is a key issue. Technology has served to provide one more opportunity for a child to be able to visit with his non-custodial parent, but it is also an opportunity that has created new questions. The major question asked by parents is whether or not Internet visits are counted against a parent’s visitation time. In other words, if your custody agreement provides you with 10 hours a week with your child, will the Internet visit count as part of that 10 hours? The answer, in most cases, is no.

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My ex-spouse lives in a different state with our children. In which state do I file for a custody change?

Every state has its own set of family laws, and jurisdiction for resolving child custody disputes follows the residency of the child, so obtaining a more favorable child visitation schedule will require filing a child custody suit in the state where your child lives. The family code in that state will determine the extent to which you, the non-possessory conservator, can exercise visitation.

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What can I do if my ex violates the custody agreement by taking our child out of state?

When a custody arrangement is in place, it is legally binding. If one parent violates the terms of this custody agreement, especially by taking the child to another state, then that parent is in violation of the law. He or she can be jailed for parental kidnapping and can face a host of other legal problems. As such, if you find yourself unable to find your child after the other parent skipped town, you do have options.

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How can grandparents obtain custody of their grandchild who has been abandoned by his biological parents?

It is possible in certain circumstances for grandparents to become a child’s legal guardian and to obtain physical and legal custody of a child. As a general matter, though, grandparents rights are subordinate to parental rights. This means that in order for grandparents to get custody of a child, the biological parents must either agree to the custody arrangement or there must be a compelling reason why it is best for the child to live with his grandparents instead of his parents.

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Can non-biological parents be awarded custody?

Child custody court hearings involving non-biological parents, such as step parents, can sometimes get complex. A biological parent will almost always have superior rights to child custody. However, there are certain situations where a biological parent can be given custody rights by the court, even over the objections of the biological father or mother.

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Stepparent Child Visitation Rights

Custody battles are often ugly between divorcing biological parents, but when a biological parent and a stepparent get divorced, does the stepparent have a legal right to child visitation? The answer to that question depends largely on the state in which the parents reside, but in general, stepparents seeking child visitation rights have an uphill climb if the biological parent is still living and does not wish for the stepparent to have child visitation.

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