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Family Law Advice and Help Available Now
Family Law experts are available to assist you! Whether you need divorce help, child custody help, father's rights help, child support help, or any other Family Law issue, our dedicated team of family law experts are happy to provide a free consultation to make sure you understand your rights!
If two parents have a child together, they each have equal rights and responsibility for raising the child. This applies regardless of whether or not the parents have been married. FamilyLawRights.net gives you all of the information you need about family law, including resources and emotional, financial and legal considerations regarding child custody, access, and support. This will allow you to make the right decisions for your family.
Laws governing Child Custody and Child Support
If a couple is divorcing and has minor children, support and custody will have to be decided as part of divorce proceedings. Custody decisions are unique to each family. While the parents ultimately play a major role in determining custody, the judge still needs to sign off on the plan.
When deciding who gets custody of minor children, a family court judge will take into account many factors. A court will consider the best interest of the child, and may favor shared parental rights over single custody.
Family courts may consider:
- Child's physical, mental and age.
- The parent's mental and physical health
- Parent's lifestyle
- Each parent has an emotional connection with their child
- A parent's ability to provide a stable home for the child
- The child's existing living pattern
- The impact of uprooting the child
- If a child is of a particular age, their preference
Most courts will focus heavily on which parent can provide the best living conditions for the child, including a stable living situation and a good relationship with the other parent.
The state usually provides guidance to a court on the amount of child support that should be paid from each parent. Shared parenting is the preference, but a true 50/50 split is often impossible and not healthy for the child. Financial support may help offset time-sharing.
The primary parent might have a child who lives with him or her during the week. In this case, the custodial parent could be responsible for paying the money to the other parent each month.
The parent who is paying child support will pay the child the same amount as if they were married.
Once everyone has reached an agreement on the parenting plan (including the court), the judge will approve it. The plan may include alternating holidays, summer vacations, and other concessions to try to give the child an equal amount of time with each parent.
Hire a family law attorney if you need to modify a parenting plan. If you need to modify a court-mandated parenting plan, it must be approved by a judge. Having legal advice can help save time and money and ensure that your best interests are being protected.