Child Support, Custody, Issues

Child Custody law covers the relationship between parent and child. Legal custody is the right of a parent to make important life decisions for a child, such as school. Physical custody governs where the child lives, such as with one parent (sole physical custody) or both (joint physical custody.) Custody issues can also involve issues related to adoption, step-parents and grandparent’s rights. The standard used in deciding child custody issues is the “best interests of the child.” The court may take into account a number of factors, such as which parent is the child’s primary care giver, parenting skills, mental and physical health, history of domestic violence and the wishes of the child. It is common to have the parents of the child (or children) avoid court and work out their differences in mediation, a voluntary and confidential process.

Child Support law, also known as “child maintenance”, is a continuous periodic payment made by a parent for the benefit of a child after a marriage or relationship is over. Child support payments are paid directly to the parent or guardian who cares for the child. The money and proceeds are to be used solely for the care and support of the child.Each state establishes guidelines for the amount of child support due from one parent to the other. Some factors used to calculate child support payment amounts include the income of each parent and time the child spends with each parent. Payment amounts may be modified by petitioning the court. A family law attorney can provide assistance in court as well as handling child support hearings and mediation, commonly used for solving disputes.

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Michael Wechsler
2 min read
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4,050
Child support orders are judicial orders or decrees issued by a judge. Any changes to the terms of the order requested by either parent generally require a judge to either modify the original order or approve a new agreement. In situations where both parents agree to child support modifications...
Michael Wechsler
Updated
4 min read
Views
7,267
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1
This article answers frequent questions about child support law in New York. Child support is the financial obligation of one parent to pay the custodial parent to help raise the child both created together. Each parent shares in the expected costs of raising a child which include health and...
Michael Wechsler
Updated
6 min read
Views
3,950
This article provides answers to the most frequently asked questions about child support. It is a general guide to how most states approach common issues concerning support payments including calculation of obligations, increases and reductions, failure to pay and failure to appear in court...
Michael Wechsler
Updated
3 min read
Views
4,659
There are several factors used by a court in order to make child custody decisions. The Best Interests of the Child Standard The courts in every state use the "best interests of the child" standard to award child custody. The standard generally tries to find the optimal mix of factors that...
Michael Wechsler
3 min read
Views
4,098
Children born to unmarried parents create a host of child custody and child support issues. While the identity of the mother is usually obvious, it's not always as clear when it comes to the father. Family law governs and provides guidance. Questions of child support and custody /visitation...
Michael Wechsler
4 min read
Views
5,053
As the rate of divorce rises, so does the number of child custody cases that are being filed in America’s courtrooms. Child custody cases can become complex as they are agreements to be worked out between parents in a difficult, usually adversarial situation. It is best to learn in advance about...
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