When parents split up, there are legal decisions that must be made about child custody. And that overall process can be more complicated than you would think. Here are some frequently asked questions regarding child custody.
How Does Child Custody Work?
Child custody includes both physical and legal custody. Physical custody determines how a child’s time is divided between parents, while legal custody involves the authority to make decisions on the child’s behalf. In most cases, shared custody is encouraged, but it may not be appropriate in situations involving abuse, neglect, or when a parent is unable to properly care for the child.
What are Some Common Child Custody Arrangements?
There are three common types of custody arrangements:
- joint custody arrangement
- primary custody
- sole custody arrangement
In a joint custody arrangement, both parents share time with the child. With primary custody, the child lives mainly with one parent while the other parent has scheduled visitation. In a sole custody arrangement, one parent has full responsibility for the child, sometimes allowing only limited visitation for the other parent.
How Do I Get Full Custody?
To obtain full custody, it must be shown that shared parenting would not serve the child’s best interests. This often means proving that the other parent is unable to provide proper care, such as lacking a stable home environment or being involved in abuse or neglect.
What Are Visitation Rights and What Are The Different Types of Visitation?
Visitation rights allow non-custodial parents—those without custody—to spend time with their children. In many cases, parents agree on a visitation schedule together. However, if there is significant conflict between the parents, a court may impose a set visitation schedule, such as visits every weekend. When a parent has a history of violence or substance abuse, the court may require supervised visitation, meaning an approved adult must be present during all visits with the child.
What is Child Support?
Child support consists of regular payments—typically made monthly—by a non-custodial parent to help cover a child’s basic needs, such as food, clothing, education, and everyday activities. The payment amount is generally set by the court and continues until the child reaches adulthood or becomes legally independent, such as through marriage, military service, or living on their own.
Who is Legally Obligated to Pay Child Support?
Unless a parent’s rights are legally terminated, both parents are responsible for supporting their child. The custodial parent fulfills this duty by providing care through legal and/or physical custody, while the non-custodial parent contributes by making regular child support payments to help cover the child’s basic needs.
Stepparents are generally not obligated to pay child support unless they legally adopt the child.
How Are Child Support Amounts Determined?
The federal Child Support Act of 1984 establishes that child support amounts are to be determined by the following:
- Overall cost of the child’s needs, including education, medical care, etc.
- The custodial parent’s income.
- The non-custodial parent’s income and expenses.
- Child’s standard of living before the divorce or separation.
To be sure that fair amounts of child support are awarded, courts require both parents to complete a financial statement that includes their monthly incomes and expenses.
Need a Child Custody Lawyer?
If you are involved in a child custody case or considering filing one, it may be time to consult a child custody attorney. Working with a lawyer who focuses on custody matters is important, as they have the experience needed to guide you through the next steps of the process. Different custody arrangements can offer various living options, and an attorney can help identify solutions that best serve the child’s interests.
Taking the time to understand and explore your options can be beneficial in the long run. When facing the legal challenges of a custody dispute, seeking professional legal guidance is strongly recommended. A lawyer can also keep you informed about any changes in the law that may affect your rights and available options.
For a no-obligation consultation regarding child custody, please reach out to us today.
Ms Acevedo can discuss your options and provide a plan of action on how to move forward regarding the child custody case. Other family law aspects we handle include guardianship, divorce, and adoption.