Child custody and visitation rights are often rough issues to deal with for divorcing parents. It's important that all parties are respectful of one another. Each party must treat the other fairly and understand what is expected of him or her. Keep in mind that poor behavior on anyone's part hurts the children the most – not the divorcing spouse.
Child Support
After a divorce, courts expect both parents to contribute support to their offspring until they reach adulthood. The parent with custodial rights meets the obligation of support by caring for the child (or children) on a daily basis. The other parent then contributes financial support to assist with this care. In cases where both parents share custody, the parent with the highest income may have to make payments to the parent with the lower income.
In most places, the non-custodial parent will be required to pay child support until their child is legally an adult - 18 years of age. Exceptions to this support apply if the child gets married, joins the military or moves out and lives on their own. There are some cases where child support will be required for an additional couple of years if the child is in college. State law determines the amount to be paid each month.
Child Custody and Visitation Rights
There are different arrangements and agreements parents can make regarding physical custody and legal custody. Physical custody refers to parents having the right to have their child live with them. Sometimes parents will have joint physical custody. That means the child will live with each parent for alternating, determined periods of time. Joint physical custody is most ideal if the divorcing couple lives near each other. It allows the child to keep a normal school and extra-curricular routine. Problems can occur when the parents live far away from each other or in different cities.
Legal custody is the right of a parent to make decisions relating to medical care, religious upbringing, education and other important issues. Most courts want parents to share in the legal custody of their children. If a parent is unfit due to an addiction or mental illness, the court may give one parent sole legal custody. Be advised if you make any decisions related to the above issues and don't consult your ex, they can take you back to court for violating the agreement. Don't expect fines or penalties if that happens, but do expect a worsening relationship with your ex, which will surely impact your kids.
Joint custody is something that more and more courts are leaning toward. Both parents get time with the children and share equally in their upbringing. Sometimes the kids may spend a month with dad and then a month with mom. Other times it's based on a weekly or weekend schedule. Parents need to agree to something fair for both of them. First and foremost, they need to make sure the determined schedule works for the kids. It's always a good idea to keep related receipts if you share custody with your ex. The last thing you want is for him or her to tell the judge that they are spending a lot more money on the children than you are.
Child custody and visitation rights don't have to cause you great distress. With a lot of communication and putting the best interests of the kids first, it can make a difficult situation far easier on everyone.
