Custody Disputes and Child Custody
For those who are not unfamiliar with the process, the issue of
child custody is one they would much rather not get involved with.
Unfortunately, with the growing frequency of divorce, more people are
now finding that they need to learn more about the issues surrounding
it.
Following are some of the most often repeated questions asked by people
who are unfamiliar with the subject. The answers provided here
represent information collected from various child custody attorneys.
While it is true that child custody laws are not the same for all
states, the following answers are expressed in general terms.
Obviously, you must consult local experts to determine whether these
answers will apply, as stated, to your own situation.
- What is the Definition of Custody ?
“Custody” refers to the court ruling that decides which party will be
responsible for the child or children when their parents are not living
together. This can apply to couples who are either divorced or
separated, as well as those who have never been married to each other,
but are biological parents of the children involved in the case.
- How is Legal Custody Different From Physical Custody?
If parent has been given physical custody, it implies that the child
will spend full time living at home with that parent, on a more or less
permanent basis. If the custody ruling is “joint physical custody”,
then the child is moved back and forth between the two parent’s
individual homes.
If a parent is granted “sole legal custody”, only that parent holds the
legal right to make decisions with regard to the child’s health,
education, and general welfare (physicians, schools, etc). When “joint
legal custody” is ruled, both parents will share in making these
decisions.
- How is a Custody Decision Made? A judge will typically give approval
to a custody arrangement once it is agreed to by the parents. If the
parents are unable to reach agreement, they will be required to speak
with a counselor or mediator who will help them work out a plan. The
judge is then required to make the decision on any disputed issues that
both parties are not able to resolve.
- Can a Child Still See a Parent Not Awarded Physical Custody?
Certainly. The court will typically issue an order which provides for
the non-custodial parent to have ample visitation rights with the
child. This can, however, be restricted in any case where domestic
violence is suspected or has occurred, or in a case where a parent’s
ability to properly care for the child is under question.
- What Happens When A Custodial Parent Forbids The Child’s To Visit The Other Parent?
The non-custodial parent can request that the court issue a “contempt”
order. If the parent is found to be denying visitation the court can
impose sanctions. If it can be demonstrated that it was done
intentionally, the non-custodial parent may then have grounds to sue
for the child’s custody. Usually, the judge will require the couple to
try to work things out with the help of a councellor of mediator before
taking that step.
- Can A Custody Arrangement Be Changed If It Isn’t Working?
Parents are normally able to make changes to a custody arrangement if
it isn’t working, provided they are both able to agree on the new plan.
They can then request that the judge to make it official. If the
parents continue to disagree, they can ask the judge to decide on the
changes. The judge’s decision will be based only on serving the best
interests of the child. This can become problematic if the child has
been well-cared for, or if the previous custody plan has been in force
for some time.
About the Author
Carlton
Driver is a retired Engineer who writes on a variety of subjects. There
are two FREE Reports about Child Custody Issues that you can download
from our site. Go to: http://tinyurl.com/custody1
to get the download link. For more extensive information regarding
custody issues, there are comprehensive Guides available at: http://tinyurl.com/custody2 where you can get more in-depth information.
Categories: Child Custody, Child Support, Child Support News Tags:
Parents warned on playing with tax
The Child Support Agency has warned separated parents they could create problems for themselves if they fail to lodge their tax returns on time.
National Enforcement Services Manager at the Agency, Bill Volkers said as child support assessments were based on both parents’ incomes, it was important for separated parents who earned over $18,808 during 2008-09 to lodge their tax returns soon after receiving their payment summaries.
Mr Volkers said if tax returns were not lodged on time, parents could pay the wrong amount of child support.
Categories: Child Support News Tags:
Lower Child Support Payments
THOUSANDS of parents receiving child support from their former partners face lower payments as more lose their jobs.
Welfare groups are concerned the number of parents paying the minimum payment of $12 a fortnight will increase as unemployment rises.
“The human tragedy is that two families could be placed under extra financial stress – not just the family that they are living with, but the family they are assisting through their child support payments,” the president of the National Welfare Rights Network, Kate Beaumont, said.
The loss of a job could mean the parent receiving child support gets only $6 a child per week instead of the average of $77 a week. Some of the difference could be made up through increased family tax payments.
Increasing unemployment is likely to make it harder for the Federal Government to ensure parents are receiving adequate money to raise their families.
It is already grappling with a debt in unpaid child support that grew by about 5 per cent to $1 billion last financial year.
This was despite increasingly tough measures used by the Government to recover the money, such as hiring private detectives to spy on people suspected of under-reporting their income and automatically deducting payments from welfare benefits.
The Minister for Human Services, Joe Ludwig, said the Child Support Agency was paying close attention to the effect of rising unemployment on child support payments.
“Many Australians, through no fault of their own, have lost their jobs, had their hours cut back or had their pay reduced as a direct result of the global recession. This can make it especially hard for separated parents to pay child support for the benefit of their children,” Senator Ludwig said.
The agency was granted an extra $223 million in last week’s budget to offer financial counselling to separated parents whose payments have been affected by changing work circumstances.
Categories: Child Support News Tags:
