20 Questions About Family Law That Parents Frequently Ask

1. What is child custody? How is child custody determined?

Answer: Child custody is that care of the child which includes both legal and physical. In the determination, best interest to the child is maintained; factors can be the residence of parents, which one can properly care for a child, or even the connection the child holds with each of them.

2. Is legal custody and physical custody different from each other?

Answer: Legal custody is the right to decide how a child should be raised (educated, cared for in terms of health, etc.), while physical custody is where the child resides and spends most of his or her time.

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3. How is child support determined?

Answer: Generally, the state guidelines calculate child support based on both parents’ incomes, the number of children, and the custodial arrangement. The purpose is that both parents must contribute to the financial needs of their child.

4. What happens if I don’t pay child support?

Answer: Failure to pay child support may lead to very severe legal repercussions such as garnishment of wages, suspension of driver’s or professional licenses, fines, and in extreme cases jail time.

5. Can I change child custody or support orders after divorce?

Answer: Yes, custody and support orders may be changed when circumstances have a fundamental change in them such as relocation, change in a parent’s health, or a change in the needs of the child.

6. What considerations does the court make in an award of custody?

Answer: The court would consider the age of the child, the relationship of the child to each parent, the physical and emotional ability of both parents, the preference of the child, if old enough, and each parent’s ability to care for the child.

7. What is joint custody?

Answer: Joint custody is defined as a condition in which the child spends physical and/or legal custody with each parent. Under this type of custody, cooperation between parents would be required for decision-making for the child.

8. What factors does a court consider to determine child visitation?

Answer: A court determines visitation based on what is in the best interest of the child, including considerations regarding the child’s relationship with both parents, each parent’s schedules, and child welfare.

9. Can grandparents have visitation rights?

Answer: In some states, grandparents can file for visitation rights if that would be in the best interests of the child, particularly where the parents are divorced or otherwise separated and where there is an established relationship between the grandparent and the child.

10. What is a parenting plan?

Answer: A parenting plan specifies the custody and visitation arrangement, including the way of making decisions, holidays, vacations, and how parents communicate about the child’s needs and well-being.

11. Can a parent lose custody of a child?

Answer: Yes, a parent can lose custody if they are deemed unfit due to neglect, abuse, or an inability to care for the child. The court may award custody to the other parent or another relative if necessary.

12. How is spousal support (alimony) determined?

Answer: Spousal support is determined by the length of the marriage, the recipient spouse’s financial need, the paying spouse’s ability to pay, and the recipient spouse’s contribution to the marriage.

13. What happens to child support if a parent loses their job?

Answer: If either parent loses employment, they should request a revision of child support payments based on changed financial circumstance. The court can lower or modify payments permanently or temporarily and based on changes in income.

14. Distinguish legal separation from divorce.

Answer: Legal separation is a situation where the married couple lives apart but has agreed on matters like child custody and support, and they are still legally married. Divorce is the legal termination of the marriage, and this terminates all the legal ties between the spouses.

15. How does domestic violence affect custody and visitation?

Answer. Courts take serious allegations of domestic violence and sometimes may limit, and even more frequently deny custody or visitation rights to an abusive parent out of concern to keep the child safe and that non-abusing parent.

16. Can the relocated party relocate with his/her child/children after marriage/divorce?

Answer: A parent may need court approval to relocate with the child if it significantly impacts the custody or visitation arrangement. The court will consider the best interests of the child when deciding.

17. What is mediation in family law cases?

Answer: Mediation is a process by which a neutral third party assists both parents in negotiating and reaching a resolution concerning child custody, support, or divorce. It is often less adversarial than going to court.

18. What happens if a parent violates a custody or visitation order?

Answer: If either parent violates a custody or visitation order, the other can have it enforced in court. The court could change the order or punish the violating parent.

19. Can I change my name after the divorce?

Answer: Yes, you may request that your name be changed back to your maiden name or another name of your choice during the divorce process.

20. May a parent relinquish parental rights voluntarily?

Answer: A parent can voluntarily relinquish parental rights; however, such a decision requires judicial approval. Generally, it is done in the case when a child is to be adopted by another person or family.

These questions reflect the complexities of family law and the importance of understanding your rights and responsibilities as a parent. Whether you are navigating child custody, support, or divorce, these tips help clarify the legal landscape.

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