Child custody is a sensitive topic for divorcing parents and one that must be skillfully navigated to avoid unnecessary mistakes. Given the delicate nature of the issue, it is important for parents to fully understand the law and their rights. To help you through this process, we compiled a list of commonly asked custody questions and their answers, so you can move forward with a greater knowledge of this situation.
Answers to Your Child Custody Questions
Child custody disputes are rarely ever easy. Both parents believe they know what is in the best interests of their children and will do what it takes to obtain the results they feel protect them.
Here are some answers to frequently asked child custody questions:
- What is joint custody? Child custody involves both physical and legal custody. When parents have joint legal custody, it essentially means they both shall jointly make legal decisions regarding the upbringing of their children, such as education, religion, health, and other pertinent issues, and that major decisions must be agreed upon by both parents. Joint physical custody means the children will spend a substantial amount of time with each parent, though it might not necessarily be equal.
- What is sole custody? When one parent has sole legal custody, he or she has the right to make all legal decisions regarding the children’s upbringing. When a parent has sole physical custody, it means the children will reside with one parent, though the noncustodial parent may still have visitation rights.
- When can a parent request a modification of the child custody order? For a parent to modify child custody, there must be a substantial and continuing change in circumstances. Moreover, the modification must serve the best interests of the children.
- Will either parent pay child support if they share custody? Even when both parents share custody, it is possible one parent might still pay child support, depending on each parent’s financial resources and the needs of the children.
- If a co-parent refuses to pay child support can the other refuse visitation? Parents are not allowed to cut back on visitation because their co-parent is behind on child support payments. Generally, family courts believe it is in the best interests of the children to maintain a meaningful relationship with both parents. If your co-parent is behind on child support, take the matter to court. However, make sure you fulfill your obligation to make the children available for visitation.
Discuss Your Case with a Knowledgeable Child Custody Attorney Today!
If you are fighting for custody of your children, you should not hesitate to obtain experienced and compassionate legal counsel. At Galmiche Law Firm, P.C., our child custody team has more than three decades of experience and will use it to your advantage. You can rely on our attorney to provide the advice and guidance you need to get through this emotionally charged experience, so you and your family can move forward.
Get started on your child custody case today and reach out to our team at (636) 552-4841 to set up a free, in-person consultation with our trusted family law attorney.