Child Custody grants one or both parents the right to make major decisions concerning a child’s upbringing. Some common major decisions include consent to marry (before age 18), consent to enter military service (before age 18), consent to obtain a driver’s license, authorization for nonemergency health care, and choice of school and religion.
Typically joint custody is granted unless one of the parents is proven unable to make responsible decisions. Child custody law has different rules for married couples and unmarried couples.
Child Custody for Married couples
When a couple with children goes through a divorce or separation, there is often a legal decree (the court makes the rules) for the circumstances of how the children will live. Often times, whether married or not, a couple will need a lawyer to mediate or assist with the guidelines of the children’s living situation.
Physical Custody
when one parent has the child living with them, although many times the “non-custodial” (the parent does not have the child living with them) shares legal custody with the custodial parent. When referring specifically to “legal custody,” it just means that the parent has the right to make decisions about the child’s life in reference to school, education, health, religion, etc.
Joint Custody
when parents share close to the same amount of time with the child. Because both parents are “sharing evenly,” it is important to have an attorney on your side to make sure you are being treated fairly.
Split Custody
refers to one parent having full custody of 1 or more of the children. In this situation, the other parent has full custody of the other children.
Child Custody for Unmarried couples
The laws are much simpler here. It is always up to the state, but in general, custody is almost always given to the mother if she proves to be a fit caretaker. However, the father has the right to take action through the courts to gain custody or partial custody. If you have further questions, call a Top Tier lawyer to help you with your specific child custody situation.
Child Support
The State takes child support very seriously. You will need a lawyer to help protect your rights and answer any questions you may have. Child support matters are brought to the family court, where the court decides a proper child support amount. The amount of payment is often determined by the income, number of children, and involvement of the non-custodial parent (the parent who does not have the child living with them).