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Frequently Asked Questions
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Commonly asked questions concerning Child Custody Rights of Both Parents.
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Q
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I DON'T HAVE COURT ORDERED JOINT CUSTODY OR ENOUGH VISITATIONS, BUT I WANT TO SEE MY CHILD.
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A
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Children need both of their parents and you have a right to a relationship with your children. Up to now, only lip services have been paid to parents who want to increase the time they spend with their children. There are specific rules for how to modify visitation and custody, and they are difficult to get. You need to study the statutes on "best interest of the child" carefully so that you can prepare or communication effectively with your attorney. (varies from state to state.)
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Q
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THE CUSTODIAL PARENT KEEPS INTERFERING WITH MY VISITATIONS... DO I STILL HAVE TO PAY?
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A
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Yes, by law the two issues of child support and visitation are not connected. However in some states, concealment by the custodial parent can result in suspension of child support and reversal of custody. "You should always document interference with visitation, and file for enforcement every time it happens." (varies from state to state.)
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Q
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I GOT PULLED OVER FOR A TRAFFIC VIOLATION, AND WAS TOLD MY DRIVERS LICENSE WAS SUSPENDED.
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A
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By Federal law, all states must now provide for the suspension and revocation of drivers and professional licenses for failure to pay child support. If you fail to pay Court Order Child support even for 31 days, the District Attorney has the right to contact the DMV and ask for suspension. The DMV only notifies you by mail at the address listed on your license. You are supposed to receive a thirty day warning, and given a form to fill out and send back to the DMV who is supposed to issue a 90 provisional license in order to give you time to get with the agency and straighten out the arrears. (varies from state to state.)
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Q
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I KEEP GETTING NOTICES FOR AN INCREASE IN CHILD SUPPORT. WHY?
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A
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Every 3 three years the state may request a modification of a child support order. States vary in what kind of change is necessary. As a general rule, any time there is a change in income or circumstances of either parent, then there is a chance that the child support would be raised, lowered, or even dismissed.
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Q
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MY EX IS GETTING AFDC OUR CHILD, AND I HAVE A CHILD OF MY OWN THAT I AM THE CUSTODIAL PARENT FOR. CHILD SUPPORT SAYS, THAT DOESN'T MATTER.
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A
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Ivansco recently reversed this rule. hardships can now be claimed and applied to your income calculation whether or not your ex is receiving welfare.
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