Child Custody Answers

Dealing with child custody  can be very intimidating and in truth very mind boggling for most parents . Additionally the stress and depression of being alone or going through a divorce and we are talking meltdown for a lot of people. If you are in a custody fight for your kids then having answers to your child custody questions is a critical first step if are to win.

In this article I’m going to go over answers to  some of the most common child custody questions from parents  like you.

A common misstep  parents make is rushing out and hiring the first lawyer they find an relying on their expertise  solely to win their custody fight . Unfortunately even lawyers don’t have all the answers to child custody questions or they are not up to date with the most current techniques . That is why your first step to winning custody of your kids should be research. With the power of the internet, it makes research is a whole lot easier than it was in the past.

I’ve put together some of the most common child custody questions :

1. What are the most common  types of child custody

• Joint Legal Custody – Both parents are entitled to make major decisions about their children’s lives (health, education, etc.)
• Sole Legal Custody – One parent alone has complete legal authority to make major decisions for their children.
• Sole Physical Custody – Is when the child lives with one parent on a regular basis with the other parent having visitation rights.
• Joint Physical Custody – Is when the child lives with each parent for a substantial part of the year (not necessarily 50/50).

2. What standards do the courts take into account when determining custody? The overwhelming  principle is called the “best interest of the child”

3. How does a judge decide the  “best interest of the child?” Depending on your child’s age , the overriding  factors of determining the best interest of the child are:

• Your  child’s interactions and quality of relationship with his or her parents.
• Your child’s involvement in his or her school and neighborhood and whether locating with either parent would disruptive.
• The health (mental and physical) of the parents.
• The parent that is more likely to encourage and facilitate custody visitation rights of the other parent. (This is a  huge   one)
• The residence location of either parent in relation to the child’s existing city or state and/or if one parent is planning to move too far away.
• Whether or not either parent has made process of making child support payments difficult.
• The wishes of the child (depending on age ) but this will not hold a lot of weight unless the child is older.

4. Do kids get to choose which household to live in ? Basically , No. courts  will usually  consider their desires  depending on age but will not base  custody entirely on a child’s preference.

5. Can my child be used as a witness  in court? Yes they can. Most states give some consideration to the child’s wishes.

6. Is the mother  more likely to get custody? Yes, even in today’s society. There are many exceptions though and fathers are gaining more custody rights as time goes on.

7. If joint physical custody is awarded, does that mean no one pays child support? One word “NO!” . Child support is determined completely separately  from custody agreements  and is based on levels of income and other factors.

8. If my spouse  is behind on child support can I stop visitations? Definitely not!Visitation rights and child support are treated separately. You still must abide by the visitation agreement and then pursue child support separately.  not abiding by  the visitation agreement can get you in trouble.

9. Can I stop paying child support if my spouse won t let me see my kids? No. You must still pay child support and pursue a contempt violation of the custody agreement separately.

10.  What is the purpose of a custody evaluation? The primary function of a custody evaluation is to assist the court in determining what arrangements will meet the best interests of the child. They consider family and individual factors that may affect the physical and psychological interests of the child.

One of the keys to  winning custody of your children is being prepared and organized. Don’t leave everything up to your attorney . By doing your own research and really working with your attorney, you can greatly increase your chances of winning custody of your kids .