Child Custody Attorneys in Worthington, Ohio
Child custody refers to the rights and obligations between parents, regarding their children, after a divorce, legal separation, or paternity decree. There are two independent types of custody.
Physical custody refers to the amount of time each parent is permitted physically with a child. This may be sole, primary, or joint custody.
Legal custody refers to a parent’s decision-making rights regarding a child’s health, education, and welfare. It, too, may be sole, primary, or joint custody.
Often, the Court designates one parent as the primary physical custodian, giving the other parent a schedule of temporary custody and visitation. In some cases, however, the Court orders a joint legal and physical custody, by which, both parents have substantial access to their children.
The Court’s decision in a particular case is based upon, among other things, the child’s wishes, each parent’s historical nurturing role, and the relative circumstances of the parties going into the future.
Factors Determining Outcome of Custody
If you have ever been involved in a child custody case or you are about to begin one you most likely have heard the phrase “best interests of the child.” Almost every state’s child custody laws determine custody and visitation issues based on the best interests of the child standard.
State statutes and case law define this standard differently, but in general there are certain common sense factors and themes that appear in the majority of states.
The list of factors fall into four categories:
1. the historical picture examining each parent’s role in nurturing the child since birth;
2. the prospective picture considering the parents’ situations going into the future;
3. status concerns referring to the personality or behavioral traits of each party;
4. and the preference of the child.
What is Child Support?
Child support is a legal obligation in the form of regular payments made by a parent to benefit their child. This money is used for basic expenses and necessities such as food, housing, clothing, health care, and educational needs. Regardless of your fight to gain custody of your children, child support will be an issue in your case. You will either be paying it or receiving it.
Courts have little discretion in setting the amount of child support to be paid. This is because, as a condition of receiving federal aid, the states are required to follow certain standards in their child support statutes. Although the exact procedures and details vary from state to state, there is a certain basic pattern no matter where you live.
Child Support Calculation
Typically, child support is calculated in a very formulaic manner. In most states, the calculations are based upon three main factors: the parents’ income, the percent of time each party has the children, and the number of children involved. The courts have constructed formulas in an attempt to eliminate subjectivity.
The court will review several factors when calculating child support amounts that are to be paid monthly. These can include:
1. The child’s age and gender
2. Any academic, physical, or medical special needs
3. The income and educational level of each parent
4. The number of children involved in the custody hearing.
5. The history each parent has with the child or children