Practice Areas
The days of automatically giving the mother full custody are over. As each situation is unique, the attorneys At The Law Offices of Kyle J. Farquhar will determine what you can expect regarding your custody rights after carefully reviewing the facts that surround your case.
The Law Offices of Kyle J. Farquhar, has compiled a list of frequently asked questions to address the needs of our clients and visitors. If your question or concern does not appear below, please contact us.
A judge will normally consider the following factors:

     • State of mental being
     • Income or potential earnings
     • Health, safety, and welfare of children
     • Other factors specific to your individual case
     • Legal custody
     • Full custody
     • Joint custody
     • Shared custody
     • Physical custody
     • Joint legal custody
     • Joint physical custody
Frequently Asked Questions
Custody Rights: Defining the Agreement
Are custody laws different for married couple than for co-habitants?

What is the difference between legal separation and divorce with regards to child custody rights?

What are grandparents' rights and when would they apply?

Which parent gets to choose the school system and how is this decided?
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Father's Rights
Divorce
Child Custody
Equitable Distribution
Child Support
Orders of Protection
Separation Agreements
Parental Alienation
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Does the Mother automatically get Full Custody?
What factors influence a judge's decision to favor one parent over the other?
Custody Rights: Terminology
What types of child custody exist and how does one differ from the next?
Do child custody laws distingish between daytime custody visits and overnight custody?
Custody Rights: Violation and Orders
What should I do if my ex-spouse doesn't allow me to exercise my father's custody rights?

What course of action can I take if my spouse is not fulfilling the child support obligations?

What penalties exist if I do not abide by the child custody agreement?

Is a violation of custody agreement considered a misdemeanor or a felony?

How do I file an Order of Protection?

A Restraining Order has been filed against my spouse. How does this impact the child custody visits?
Custody Rights: Geographic Location
If I relocate, will it impact my child custody rights?

Are there geographic boundaries to custody rights?

While my children are in my care, how far am I allowed to travel?

Do I need permission from the court before I can take my children abroad?
Child Support and Income
When does one party have to pay child support to the other?
My income varies.

Will this impact my child custody rights?

Will this impact my child support payments?

I am unemployed. Will this effect the judge's decision regarding child custody rights?

What are the consequences if I cannot afford the amount of child support dictated by the judge?

Are wages automatically garnished for child support payments?

I am supporting someone else's child. Will this be factored in when the judge is determining child support payment amounts?

My spouse has unreported income. How can I be assured this income is included?
Child Support and Income
How do I file for separation or divorce?
Contact us at The Law Offices of Kyle J. Farquhar right away.
I am dating someone else.

Will this impact my child custody rights?

Will this change my child support payment amounts?

Do I have to disclose this information to the judge?

Will the person I'm dating be questioned or involved in any way?


I paid more toward the household finances and assets. Shouldn't I get proportionately more?

Both names are on the deed but only one name is on the loan? Does this mean the distribution of assets will not be evenly split?

Who determines which parent gets ownership of pets and other household items?

From the time of filing for custody rights, how long does it take before I can actually see my child(ren)?

How long is the process for a legal separation or divorce, from start to finish?
Pre / Post Nuptial Agreements
Are verbal pre and/or post nuptial agreements binding?
Depending upon when the agreement was made, how it was said, and other terms of the contract will determine its legitimacy.
Will the terms of our written pre and/or post nuptial agreement be taken into consideration?

Under what circumstances will pre and/or post nuptial agreements be disregarded?
This varies from case to case. The details of your agreement will be discussed at length during your consultation.
Getting Started
How do I begin the legal process?
Our experienced divorce attorneys and child custody lawyers are fully prepared to assist you in all aspects of your family law matters.