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

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.

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Joint Custody of Children – Joint Custody Laws and How They Impact on You

Child custody courts used to bestow mothers sole custody of their children, and give visitation rights to the fathers.

In modern times, it is encouraged that fathers become more involved and more prominent in their children’s lives. Psychologists have informed law makers on the advantages of fathers having active roles in their children’s lives.

Sociological factors, such as the traditional marital roles and the increasing number of working mothers, prevented making joint custody the court’s preferred choice when deciding on custody and visitation rights.

Child custody courts will decide in favour of a co-parenting plan as opposed to a single custody plan in all cases where both parents are in the same way capable. It is assumed that this is in the child’s best interest, which is the norm in which all divorce matters relating to children are decided.

No parent should be denied child custody, unless there are grounds to believe that his or her parental relationship with the child will have a negative affect on the child.

Cases in which the courts would opt for sole custody are those where domestic violence, neglect or abuse is apparent.

Joint custody works best when:

- Parents live in physical immediacy
- Parents are able to uphold a civil relationship
- Plans or arrangements are made to suit and benefit the child’s needs
- Parents do their best to support one another and not be counter-productive by undermining each other.
- Rotas or agendas are made so that they are stable, yet flexible when needed.
- Financial resources are accessible to uphold two full residences.

Clearly joint custody can have its disadvantages as well as advantages.

The biggest difficulty is regarding the moving of the child from one home to the other. Of course, with a sensible parenting plan, this problem can be easily solved.

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In later years you may regret not arming yourself with the knowledge you need now to get sole or joint custody of your child.

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

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.

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Child Custody Questions – How Joint Custody Laws Affect You

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.

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