Child Support Rights – What You Need to Know About Joint Custody Laws

June 26, 2010 By Law Library Leave a Comment

The Validation for Child Support

When one parent is granted the custody of the child, this is referred to as sole custody.

The custodial parent keeps the child, which is considered as his or her input to the upbringing of the child. The non-custodial parent, who is generally given visiting rights, meets his or her responsibility by contributing to the financial cost of sustaining the child.

In the Case of Joint Custody

Usually, with joint custody the child support is divided between both parents, based on how their income measures against the sum of their joint earnings, and also on the amount of time the child stays with each parent.

Deciding the Amount of Child Support

Child support is usually planned by considering the needs and requirements of the child. The following factors are generally considered when calculating financial support:

- The child’s needs
- The parent’s ability to pay
- The standard of living of the child before the divorce
- The needs of the custodial parent

If a Parent Cannot Pay Child Support

A parent is often expected to pay the sum due in keeping with the dates decided on by the court.

If a parent has a legitimate reason, such as changed financial conditions, they may approach the court with a request to alter the amount of support.

If allowed, this will only be applicable to future payments. In this case, the judge will order the parent to pay in full any overdue payments immediately.

It is strongly advised for any parent in this type of situation to do a little research first to understand how the system works and then to engage appropriate legal advice. If this is beyond the means of the parent there are good sources of such information on the internet written by child psychologists with considerable experience in this area.

Learn more about a child support rights and joint custody laws at my blog now! You owe it to yourself..and your child.

http://ChildJointCustody.com

Filed Under Family Law Tagged With About, Child, Custody, Joint, Know, Laws, Need, Rights, Support

Joint Custody Laws – What You Need to Know About Child Joint Custody Laws

June 8, 2010 By Law Library Leave a Comment

There are essentially 2 types of joint custody when it comes to the care of children in a failed relationship.

1) Joint Legal Custody

This involves both parents making the important decisions in the child’s life, even though one of the parents may have sole physical custody.

2) Joint Physical Custody

This involves the child living with each parent in turn according to an agreed schedule.

The schedule will be decided upon by the court if the parents can not agree and the paramount issue and influencing factor is always what is best for the child.

Custody cases can be very troubling and traumatic for all concerned and can run for years. The emotional and financial costs can be very high and that is why agreement should be reached as to the custodial arrangements for the child if at all possible.

If this does not happen then the court will impose it’s judgment.

There is a strong presumption of joint custody in about 35 states in the U.S. but this does not mean that joint custody will necessarily follow. The court will look at both parents parenting skills and look for substance abuse issues and anything else which may render the parent an unsuitable parent for sole or joint physical custody.

For this reason forearmed is forewarned and any parent who is going through a failed relationship has a responsibility to do a little research on the whole area to allow them put their best foot forward and obtain joint custody of their child..at least.

Armed with this knowledge, particularly for the joint custody laws favoured by your state, will reduce some of the understandable anxiety in a very troubling time.

Learn more about joint custody laws at my blog now and fight for your child with the tools you need when you go to court..knowledge of how the system works.

You can arm yourself with the necessary knowledge at
http://ChildJointCustody.com

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Child Custody Questions – How Joint Custody Laws Affect You

May 27, 2010 By Law Library Leave a Comment

Below are some frequently asked child custody questions, as well as their answers.

If you have specific concerns, it is best to seek advice from an attorney but clearly it is very useful to inform yourself as much as possible first to ensure that you get the most from your attorney and keep a check on the legal costs which can be prohibitive in a messy break up situation.

What is a child custody proceeding?

A child custody proceeding is the expression used to describe any court case concerning adoption, custody, child protection, guardianship, cessation of parental rights, and/or placement of the child.

How is it decided who gets custody?

The essential factor in deciding custody is determining what is in the best interest of the child. In most cases, it is believed that it is best for the child to have regular contact with both parents. The parent who is more prepared to meet these terms is likely to become the custodial parent.

Is custody always awarded to the mother?

The court ultimately determines who gets custody of the child, it can be awarded to the mother, to the father, or a joint custody agreement can be made. It all depends on what is in the best interest of the child and the overriding factor is the judgment of the court as to what is best for the child.

Can the child decide who he/she wants to live with?

Where allowed by law, the child can explain his/her preference and the reason for this to a judge. The judge can use this information as a factor when determining custody. This information may help influence the custody case; however the ultimate decision is made on what would be in the best interest of the child.

Learn more about child custody questions, joint custody of children, preparing for a court hearing and child custody laws at my blog.

Stop by http://childjointcustody.com and give yourself the best chance of winning custody of your child and fully inform yourself of the process.

Filed Under Family Law Tagged With Affect, Child, Custody, Joint, Laws, Questions

Understanding Child Custody Laws

May 21, 2010 By Law Library Leave a Comment

Child Custody Laws differ from state to state. You need to check with your state’s laws to get the most current information. When it comes to child custody Laws, there are a few states that have all the procedures laid out for the separating parents and there children. The judges must follow these guidelines to assist in determining the custody of the children during and after a divorce.

There aren’t many federal laws that apply to children’s custody, with the exception of transporting across different state lines. States do have differing laws that deal with jurisdiction between other states, but not all states have this understanding however. So if one parent lives in one state and the parent and children in another, the state where the children reside will have more influence. Of course you must take into consideration which state the separation and custody papers where filed.

Child custody Laws are designed with interest of the children as the first priority. Child custody laws are designed to prevent custody going to abusers of drugs or alcohol. Laws are also in place that prevents the children from going to an environment where there is clear mental or physical abuse. Most states prefer joint custody between the parents, where both parents can be a functional part of raising the children. The parents would share both physical and legal custody of the children.

It’s really important to understand these two distinctions in the Child custody laws. Physical custody is where the children are residing. When a child lives a large portion of time with one parent, that parent has what is known as physical custody. Often times during the summer months children leave one parent to live in the house of the other. During those situations physical custody moves from one parent to the other.

Legal custody is the right and responsibility to make important decisions regarding health, education, and well being issues. Often both physical custody and legal custody are with the same parent, unless the parents have joint custody. During those situations the court may decided that where the children reside at the time that that parent can determine what is best for the children at the time. However is would be wise to have a consensus between the parents.

Again, research the child custody laws of your state or province to determine what the best solution is for you during these trying times. Always have the children’s best interest when making these decisions.

 http://www.legal.moneybizhome.com

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Help With Michigan Child Custody Law

May 15, 2010 By Law Library Leave a Comment

Divorce and other family disputes can take a toll on you. When your financial future and marital status are at stake it can be quite intimidating. People that get divorced and are looking at Michigan child custody laws need to realize it can be tough for both parents. When children are involved it can be both stressful and emotional.

As with other states, Michigan child custody law has different directions that can be persued. There is physical custody. This is where the Child is physically living. To be considered under the Michigan child custody law the child or children and parents or parent have to live in Michigan. Legal custody in Michigan child custody laws gives the parent who has legal custody the right to make decisions about school, religion and many other factors of a Childs life.

There is joint custody where each parent is responsible for the decisions in the Childs life. Both parents are responsible for the support of the child. This is determined by the financial means of both parents. Be aware the joint custody does not do away with a parent’s responsibility of child support. Child support is determined by the courts.

What is usually the case is the parent that has physical custody of the child ends up getting child support payments. This can be off set if you have physical custody of the child and owe alimony. You will just get less or not have to pay anything for child support if is equal to the alimony you are going to get. If you are getting 500.00 in child support but owe 500.00 in alimony. These will offset and no money will change hands.

The money for child support and alimony can be taken from your pay checks. It can also be deducted from you income tax refunds. This is probably the best way to handle this as the court will have a record of how much you have paid and are continuing to pay.

In Michigan child custody law the two parents can also enter into a shared agreement. This would be the preferred way to go. Both parents need to take into consideration that putting their differences aside and working together will be in the best interest for the child. Mom and Dad share custody. One may have the child during the week. The other in the summer. They may split weekends and holidays.

There is a Sole custody agreement too. In this type the parents usually have a reason for doing this. Mom or dad may not be able to watch and supervise the kids whatever reason. No matter what the reason, The best interest of the kids need to be kept in mind.

Filed Under Family Law Tagged With Child, Custody, Help, Michigan
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