Separation in relationships can be hard enough, but when children are involved, it is critical to know the issues involved in custody proceedings. Before going to court, a parent must ask their attorneys some questions to help them determine the best way to ensure their children’s future. Here are some important questions to ask about custody.
- How is custody determined? Previously, this decision was based on the parents—who could support them better or who had more time to spend with them. Now, the court looks at the best interest of the child. Cornell Law School defines this as “considering the wishes of the child’s parents, the wishes of the child, and the child’s relationship with each of the parents, siblings, other persons who may substantially impact the child’s best interests, the child’s comfort in his home, school, and community, and the mental and physical health of the involved individuals.”
- What kinds of custody are there? Sole custody means that the designated parent has all physical and legal control regarding decisions for residence, religion, education and care of the child. The other parent may have financial obligations for support and some type of visitation. Joint custody means that the decisions for the child’s welfare are equally divided, including decisions on the day-to-day decisions and residence. And split custody occurs when the parents each take custody of different children from the relationship.
- What if parents are unmarried? In this case, mothers usually have sole custody unless the father or partner is named the “presumed” parent and is recognized as such by the court.
- What is child support and what does it cover? Child support is the money designated by the court or legal agreement from the non-custodial parent to help pay for the child’s basic needs, food, clothing, and education. It is not intended to pay for luxuries.
- If circumstances change, can the custody agreement or court order be changed or modified? “It is important to know that if a parent becomes sick, is offered a job in another state, or another change, they can ask the court to modify the custody order,” said Rocky Mountain Family Lawyers. Again, these changes have to be in the best interest of the child in order for them to be approved. There can be severe legal consequences if the court approval is not obtained, especially in cases of moving from the court jurisdiction or out of state.
In the confusing times of a separation, it is important that a parent is informed and prepared to make good child custody decisions.
