Addressing 2 Common Questions Associated With Child Custody

Posted on: 12 March 2015

Family law is one of the most complex areas of law because it covers everything from divorce to child support. Due to the complexity associated with these topics, it's often advised to seek legal counsel.

Indeed, unless you possess a strong legal background, it's unlikely that you'll be able to navigate through the judiciary system, which means that the outcome of the legal procedure you initiate will hardly be in your favor, especially if your spouse is legally represented. If you're your child's legal guardian, here are two questions you might be asking yourself. 

Can I take my child and go live in a different state?

As a legal guardian, you only have the right to make certain decisions for your child, and live with them. Child custody rights never come with the authorization to relocate with the children born from marital unions, because this would automatically remove the ability of the other party to execute their visitation rights.

As you might know, when two spouses appear before the judge after child custody discussions have failed, they typically grant guardianship to one spouse, and allow the other to have the kids at a given frequency. This frequency is determined based on the depth of the relationship between the children and the other spouse.

For example, the judge may require that the non-custodial parent gets the kids every weekend. Going to another state would make it impossible for the children to see their parent at the same frequency, which could potentially affect them mentally.

Is it possible to alter my children's name without my ex's consent?

The short answer to this inquiry is no. Anything you want to do about your kids, and that might affect the other party, must be validated by a court of law. If you decide to go ahead and change your kids' name without consulting your ex, you'll automatically allow the other party to take legal actions against your persona. It's important that you understand the limits of the custodial rights that were given to you, even if you're acting in the child's best interests.

For example, if you have reasons to believe that your child's name will be a source of mockery in the long run, then you need to submit a name change request to the court. If the court determines that your concerns are justified, your motion will be approved.

Family law is more complex than it seems, which is why you need to make sure that you're within your rights before taking any action. Learn more by consulting with professionals such as Metropolitan Lawyer Referral Service Inc.