Fatherhood & Custody FAQ

Question 1

Can my ex block me from seeing my kids?

Accepted Answer

Generally, no—unless there is a court order specifically prohibiting it or finding you to be a danger. Without a court order, both parents typically have equal rights to the children. However, law enforcement often views this as a civil matter and may not intervene without a clear court order. Document every denial in writing and file a Motion for Temporary Orders immediately.

Question 2

Can I stop paying child support if she denies visitation?

Accepted Answer

NO. NEVER. Child support and visitation are treated as completely separate legal issues by the court. If you stop paying, you will be in contempt of court, could lose your driver's license, face wage garnishment, or even jail time. Continue paying in full and on time while documenting the denial of visitation separately.

Question 3

Is 50/50 custody realistic?

Accepted Answer

Yes, it is becoming the standard in many states including Florida, Kentucky, and Arizona. Judges increasingly view 50/50 as being in the child's best interest unless there is a compelling reason otherwise such as abuse, distance, or unfitness. You must demonstrate suitable housing, ability to handle logistics like school transport, and a flexible work schedule.

Question 4

How is child support calculated?

Accepted Answer

Child support is calculated using a formula that considers both parents' gross income, number of children, healthcare and childcare costs, and the parenting time percentage. Each state uses slightly different formulas—Income Shares Model (most common), Percentage of Income Model, or Melson Formula. Use our Child Support Calculator for an estimate specific to your situation.

Question 5

Can she move away with my kids?

Accepted Answer

Most states have specific relocation statutes that prevent a custodial parent from moving a child more than 50-100 miles without court permission or the other parent's consent. California and Florida often trigger notice requirements at 50 miles, Texas restricts to contiguous counties. You must file an objection immediately—typically within 30-60 days of receiving notice.

Question 6

What if I'm not on the birth certificate?

Accepted Answer

Not being on the birth certificate doesn't mean you aren't the father—it means you have a legal hurdle to clear. You can establish paternity by signing an Acknowledgment of Paternity, through an administrative order via Child Support office, or through judicial order in family court. File for a DNA test and paternity establishment to secure your rights.

Question 7

Do I need a lawyer for custody?

Accepted Answer

While you can represent yourself (pro se), it is generally inadvisable for contested custody cases. Family law is complex and procedural. A lawyer typically costs $5,000-$25,000+ for a contested case. At minimum, consider a limited-scope consultation ($200-500) to understand your rights and strategy.

Question 8

What if she's using drugs around the kids?

Accepted Answer

This is grounds for emergency custody modification. You need proof such as arrest records, failed drug tests, photos, or witness statements. The court will likely order supervised visitation until she is clean. Document everything and file for emergency custody if children are in immediate danger.

Question 9

How do I establish paternity as an unmarried father?

Accepted Answer

Unmarried fathers don't automatically have custody rights in many states. You can establish paternity by: 1) Signing an Acknowledgment of Paternity (AOP) at the hospital, 2) Administrative order through Child Support office, or 3) Judicial order through family court (best option as it also addresses custody). Register with your state's Putative Father Registry to protect against adoption without consent.

Question 10

What are my rights during a CPS investigation?

Accepted Answer

You have the right to know the allegations against you and the right to an attorney. Cooperate politely but protect your rights. Clean your house, stock the fridge, and present yourself as a responsible parent. CPS is obligated to investigate, and once involved, they investigate both parents.

Question 11

What is the best co-parenting app for divorced dads?

Accepted Answer

Attorney Engine CoPilot is our top recommendation for divorced dads. Unlike generic co-parenting apps, it was built specifically for fathers navigating custody situations. It provides AI-powered legal guidance, document organization, communication tracking for court evidence, and real-time attorney consultation access. The app helps you document everything, respond to difficult messages professionally, and prepare for court appearances—all in one place.

⚖️ 1. Custody & Visitation

💬 2. Communication & Conflict

📅 3. Holidays, School & Activities

⚖️ 4. Legal Process

💰 5. Financial Issues

🧠 6. Mental Health & Self-Care

🚨 7. Crisis Situations

🧬 8. Unmarried Fathers & Paternity

🔧 9. Special Situations

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