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Custody
Usually, a divorce process will include decisions regarding custody, visitation, and child support of any minor children you have with your spouse. These issues may be decided through various court hearings, mediation, a child support agency, or an agreement between you and your spouse.
If you and your spouse can agree on a custody/visitation schedule, the judge will usually approve it as long as the judge agrees that it is in the best interests of the child. If you can’t agree on a custody/visitation schedule, you might be able to ask the judge for a temporary order while the divorce is pending. The final custody order will either be decided by the judge after a trial or by you and your spouse agreeing on your own or through mediation. Although many states are leaning towards shared custody, also known as joint custody, a judge may decide that one parent should have sole custody in certain circumstances. You can find more information on custody and visitation in your state, including what the judge will likely consider when evaluating the best interests of the child, by selecting your state from the drop-down menu on the left. When you go to your state’s specific Custody section, you will also find information on how abuse may be considered by the judge when deciding custody and visitation.
Child support
If your child lives with you most of the time, you should be able to ask for a temporary child support order while the divorce is pending. Most states have a specific formula that judges must follow when issuing child support orders. However, it’s possible that this same formula will not be applied for a temporary order. So, it might be helpful to have evidence about the monthly expenses related to the children so that you can make a compelling argument to the court. We have state-specific Child Support information for many states and territories, but not all.
Can I take my children out of the state once a divorce is filed?
Once a divorce is filed, most states have “automatic orders” that go into effect. This is done to prevent major changes while the divorce is pending. Automatic orders limit the parties’ behavior and actions. One common automatic order is that neither parent can remove the child from the state (jurisdiction) while the divorce is pending unless the judge or the other parent consents to it.
In terms of relocating with your child to another state, it can be very problematic to take children across state lines if the other parent doesn’t agree with the move. It might even be a crime to move the child within the state without the other parent’s or the judge’s consent, if that would affect the other parent’s time with the children. It will all depend on your state’s parental kidnapping or custodial interference laws and your specific situation. In addition, judges usually do not like it when children are moved from the state where the divorce case is pending, even if no crime was committed. If the judge is dissatisfied with your actions, this can make a custody case more difficult for you, even if you moved the child for what you believed to be a good reason. You can find general information on this topic on our Parental Kidnapping page.
If you have children and you are thinking about filing for divorce, or you are already in the middle of a divorce process, please get in touch with a lawyer before taking your children out of the state. A lawyer can advise you of any possible consequences and explain what options you may have. You can visit our Finding a Lawyer page to find non-profit legal organizations as well as your state’s Bar Association’s lawyer referral service for private attorney referrals. You can also contact us through our Email Hotline if you need more specific information or referrals for your particular situation.
