Family Matters - Custody Issues:

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Frequently Asked Questions:

 

If my spouse has custody of my child, will I be able to have visitation?
Every parent has a constitutional right to exercise visitation with their child and the courts are required to permit a non-custodial parent the ability to spend time with their offspring. This right is very seriously protected by the courts.

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What happens if my spouse does not permit me to exercise court ordered visitation with my child?
The courts take visitation rights of a non-custodial parent very seriously. The visitation time that is awarded is for the best interest of the child. In the event that one spouse interferes with court ordered visitation and is unable to justify their conduct, the courts are permitted to exercise their discretion in imposing sanctions upon the non-complying spouse. Some of the sanctions that the courts may impose are jail time, attorney’s fees and even the loss of custody.

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What happens if I lose my job, will I have to continue to pay child support?
Yes. However, since there has been a change in your financial status, you may have a basis to make a motion to the court to have the child support reduced until you are able to locate a new position.

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Can the amount of child support that the court ordered be changed?
Whenever there is a change of financial circumstances of one of the parties, any party may request the court to modify the amount of child support to be consistent with the changes. Additionally, if the courts have not reviewed the child support award within three years, either party may request the court to review the award and modify it, if it is necessary.

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