The Differences In Child Custody

There are many difficult decisions to make when getting a divorce - one of the hardest is deciding where the children will live. The court might uphold an agreement that both parties have made regarding the location of the children, if it is in their best interest. However, if you cannot reach a decision, the judge may order mediation or award custody to either parent. In some cases, the judge may grant custody to relatives or orphanages, if the natural parents are unfit or of unsound mind. The court always seeks to act in the best interest of the child.


Child Custody

Child Custody can be both legal and/or physical. When a parent can make decisions for their child (schooling, religion, where they live, medical), that is termed Legal Custody.Physical custody refers to where the child physically resides. The parent with physical custody makes daily parenting decisions like what the child’s menu should be, the type of clothes the child should wear, choosing a bedtime, etc.


Types of Custody

There are four types of custody:

1. The first type of custody is called Sole or Full Custody. In this situation, a parent with sole or full custody has both legal and physical custody of their children. The parent makes all decisions for the children, including location, rules, education, religion, physical, emotional, etc.

2. Joint Custody is the preferred type of custody by the courts. This is where both parents work together to raise their children. Both parents share in decision-making (including physical and legal decisions). Parents can choose to have joint physical custody or joint legal custody.

3. Split custody is rarely awarded by the courts. Split custody is when one parent has custody of some of their children, while the other parent has custody of other children. It is rare for the court to split up siblings in this manner.

4. The fourth type of custody is entitled Non-parental custody, or third party custody. In this situation, the court will grant custody of the children to a third party or a non-parent. When the natural parent is of unsound mind, unfit to parent, or deceased - or if the child has been living with a third party for an extended period of time (and removing them will not be in their best interest), the court will grant custody to a third party.


How CustodyHQ can help:

Custody HQ has a wealth of experience with family court judges, especially regarding divorce, child support, and child custody. We've won over 5,000 cases thus far. With this experience behind you, you know you can rely on CustodyHQ's expertise to help you put forth the best case for you, before the judge.

Child Support - How it can be determined

Mothers and fathers who live together usually meet the requirements of their children. On the other hand, when parents decide to part, the child’s necessities need to be met as though the parents were together. Child support is the money made to one parent, or money gained from one parent, regarding the benefit of a dependent child. The parent who does not have physical custody of the child pays child support.

What's Custody?

There's two kinds of custody: legal and physical. Legal custody refers to a parent with the ability to make decisions for the boy or girl regarding medical, schooling, religion, living arrangements, and so on. Physical custody refers to where the child physically resides.

Determining Child Support

A family court judge usually decides child support payments based on state guidelines. However, the judge might also adjust needed payments in accordance with situations. Mothers or fathers might utilize a legal services firm such as CustodyHQ to present their issues to the judge to acquire a acceptable child support arrangement.

Remember that court orders and signed child support agreements are legally binding. This means you cannot all of a sudden decide to discontinue paying child support, or decide to quit seeing the child trying to avoid payments.

If for any issue such as job loss, you have to make changes to the agreement, you and your child’s other parent must agree on a reasonable amount to be paid. Where you cannot agree, CustodyHQ can assist you present your case to the court to arrive at a fair payment solution according to changed circumstances.

Who pays Child Support?

The biological parents of a child, adoptive parents, stepparents (this is anyone who has been wedded to somebody with children), same sex parents and parents in a common-law relationship.

Child support is the legitimate right of your child. It is because your child requires the support of both parents. Thus, you can't arbitrarily stop payments to obtain even with your former partner. In the same vein, your partner can't prevent you from having access to your child because you have not paid or have missed payments. A child needs the love and the affection of both parents.

Where can I find more information?

For further information on acquiring your full custody rights, as well as getting child support payments lowered, click Custody HQ