Frequently Asked Questions (FAQ)

Q. Must I prove that my spouse is an alcoholic or drug user to obtain custody?
A. Not necessarily. Although alcohol and substance abuse is a factor that might render a parent unfit, where such facts do not present themselves, custody can still be obtained if you can prove that you have better parenting skills and are willing to make the children a first priority in your life.

Q. What are the important factors the court considers in awarding custody to one or other parent?
A. Certainly the fitness of each parent, which determination would include an examination into their physical and mental fitness. The courts also investigate the contacts the parents have had in their children's lives, including their involvement with health matters, their extra curricular activities, religious matters, and the interaction between parent and child

Q. Can Grandparents obtain custody or visitation despite the parent's objection?
A. Yes. They must show that it would be in the best interests of the child to maintain such relationships, and that they have had a close, warm, loving, and meaningful relationship with the grandchild.

Q. If I lose custody, can I still maintain frequent contacts with my child?
A. Yes. The courts will normally permit the non custodial parent to have liberal and frequent visitation rights with the child unless there is a history of addiction, or other mental problem that might endanger the welfare of the child. Even under this circumstance, visitation would be given under court supervision

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