Child support and child custody issues.
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Some Common Terminology in Family Law:
Legal custody provides the right to make decisions about your child, including:
" School and education
" Religion
" Medical issues
" Discipline
However, Physical custody is having the child physically present with you.
With sole custody, you alone have legal and physical custody of your child. Some states permit a joint custody arrangement, where the two parents share legal and/or physical custody of the child.
This might mean:
" When the child spends a significant amount of time with each parent
" When the dependent spends weekdays with one parent and weekends with the other parent
" When the child spends most of the time with one parent and a regular schedule to visit with the other parent
" The parents moving in and out of a home where the children live in a modern arrangement known as "nesting"
Most states require divorcing parents to have a written plan as part of their Custody Agreement outlining:
" Where the child will live and attend school
" Details of when the child will be with the non-custodial parent
" How disputes over the child's welfare will be resolved
" Where the child will be during holidays and school vacations
Factors In Determining Custody
If you and your spouse cannot agree on a custody arrangement, the court will likely make a decision based on the "best interests" of your child.
Factors the court will consider in deciding what's in your child best interest include:
Who is currently and has been the primary care provider for the child
The mental and physical health of both parents
Special needs such as medical care and psychological counseling your child may have
The work schedules and availability of each parent
Where any siblings will live
The support systems (family and friends) of each parent
preference of an older child, such as a teenager
The cooperation level between parents
Any history of domestic violence between the parents
What To Expect In Child Custody Litigation
Laws and procedures vary by state, but you should expect the following in a custody lawsuit:
One of the parents files for a divorce and asks the court to decide custody
Both parents file paperwork detailing each parent's plan for where the child would live, visitation schedules, and how decisions concerning the child would be made
The court will likely appoint an investigator, sometimes called a "custody evaluator" or "guardian ad litem," to interview the child, parents and potential witnesses such as family, friends and teachers, and make recommendations to the court regarding custody
The parents may be required to go to mediation, where a neutral third party will help the parents work out an agreement without going to court
The parents may be required to complete a short parenting course regarding parenting after a divorce
Attorneys for both parents may take "depositions" - formal questioning of witnesses under oath- to prepare for trial
Both parents will likely have to answer formal written questions under oath, called "interrogatories"
There will be a series of motions and hearings before the actual trial, to determine temporary custody and child support
At trial, the judge will hear from both parents and witnesses
The judge may make his or her decision at the conclusion of the trial, or may wait and send a written decision days or weeks after the trial has ended
Fighting over your child is expensive, time-consuming and emotionally damaging to everyone involved, especially your child. But knowing your rights as you begin the process make help you make better decisions.
It is essential to hire a competent local lawyer who specializes in custody litigation to help you in this process.
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