Legal Information: Family
What factors are considered when determining who gets custody of the child?
The child's age, sex, and mental and physical health, the parent's mental and physical health, the parent's lifestyle and other social factors, including whether the child is exposed to second-hand smoke and whether there is any history of child abuse, the emotional bond between parent and child, as well as the parent's ability to give the child guidance,the parent's ability to provide the child with food, shelter, clothing, and medical care, the child's established living pattern (school, home, community, religious institution), the quality of the child's education in the current situation, the impact on the child of changing the status quo, and, the child's preference, if the child is above a certain age (usually about 12).
If one parent moves out and leaves the kids with the other parent, does it hurt the moving parent's chances of getting custody at a later date?
In a word, yes. Even when a parent leaves to avoid a dangerous or highly unpleasant situation, if the parent hopes to have physical custody at a later time it's unwise to leave the children behind. The parent who leaves sends a message to the court that the other parent is a suitable choice for physical custody. If a parent must leave the familial home (and wants to be the primary physical custodian), the moving parent should take the children along and, as quickly as possible, file in family court for temporary custody and child support. If this process is delayed, the other parent may go to court first and allege that the kids were taken without that parent's consent or knowledge
Do courts normally favor the other or the father to have custody of the child?
In the past, most states provided that custody of children of "tender years" (about five and under) had to be awarded to the mother when parents divorced. As it turns out, many divorcing parents agree that the mother will have custody after a separation or divorce and that the father will exercise reasonable visitation. If you are a father and want to ask the court for physical custody, do not let gender stereotypes stop you. If both you and the mother work full-time, and the kids have after-school care, you may be on equal footing.
Does custody always just go to one parent?
No. Courts frequently award at least partial custody to both parents, called "joint custody." Joint custody takes one of three forms:joint physical custody (children spend a substantial amount of time with each parent)joint legal custody (parents share decision-making on medical, educational, and religious questions involving the children), or both joint legal and joint physical custody.
Are there special issues if a gay or lesbian parent is seeking custody or visitation rights?
In a number of states, a parent's sexual orientation cannot in and of itself prevent a parent from being given custody of or visitation with his or her child.
Is race ever an issue in custody or visitation decisions?
The U.S. Supreme Court has ruled that it is unconstitutional for a court to consider race when a noncustodial parent petitions for a change of custody
Who determines how much visitation is reasonable and fair?
When a court awards physical custody to one parent and "reasonable" visitation to the other, the parent with physical custody is generally in the driver's seat regarding what is reasonable. This need not be bad if the parents cooperate to see that the kids spend a significant amount of time with each parent.
Is mediation the best approach to solving disagreements about child custody?
Mediation is a non-adversarial process where a neutral person (a mediator) meets with disputing persons to help them settle a dispute. There are several important reasons why mediation is a superior method to litigation for resolving custody and visitation disputes.Mediation usually does not involve lawyers, expert witnesses, or fees. Mediation usually produces a settlement after five to ten hours of mediation over a week or two. Going to court can drag out over months or even years.Mediation enhances communication between the parents and makes it much more likely that they will be able to cooperate after the divorce or separation when it comes to raising their children.
What is establishing paternity?
Establishing paternity is determining the biological parents of the child or children. This is done by swabbing the inside of the mouths of the mother, father and child or children. Age of the child or children does not matter.
What is the process of child support?
There are five steps involved in filing for child support: Step 1. Open a Child Support Case. Step 2. Locate the Noncustodial Parent. Step 3. Establish Paternity (if necessary). Step 4. Establish a Support Order (if necessary). Step 5. Enforcement of the Support Order.
What is mediation?
Mediation is when the biological parents come to an agreement on child support payments, and visitation of the child outside of court. This is easier and faster than going to court, hiring lawyers, and paying court costs. The agreement is taken by the Dept. of Child Support Services and signed by the judge.
How and when is child support received?
The DCSS contacts the noncustodial parent to request child support payments. The custodial parent is not required to contact the other parent for payment. Child support is generally deducted from the noncustodial's paycheck from his/her employer. Each state varies as to when the custodial parent receives child support payments.
What happens if the noncustodial parent does not pay child support?
The custodial parent is to contact the DCSS each time a payment is missed. After 3 consecutive months of no payments, the DCSS takes action in contacting the noncustodial parent to receive payment. If still no payment, a warrant is issued for the noncustodial parent's arrest for contempt of court. NOTE: Lack of child support payment does not justify refusing visitation. Lack of visitation does not justify refusal of child support payments.
What happens if the noncustodial parent is in jail/prison?
No payments will be made while the noncustodial parent is in jail/prison. The payments will continue when the noncustodial parent is released. Even if that means the payments continue after the child reaches the age of 18. Any payments missed will be considered back child support.
How does child support payments effect TANF?
If the custodial parent receives TANF or Medi-Cal, the state seeks child support from the noncustodial parent. The custodial parent can choose to either receive child support or government assistance. Cannot have both. The government will receive the child support payments in the case the custodial parents opts to receive TANF or Medi-Cal.
Can I choose to discontinue child support?
Yes at any time the custodial parents wishes to no longer receive child support payments, he/she must contact the DCSS. They will make sure any past due payments are paid and will notify the noncustodial parent of the cancellation of payments.
The child's age, sex, and mental and physical health, the parent's mental and physical health, the parent's lifestyle and other social factors, including whether the child is exposed to second-hand smoke and whether there is any history of child abuse, the emotional bond between parent and child, as well as the parent's ability to give the child guidance,the parent's ability to provide the child with food, shelter, clothing, and medical care, the child's established living pattern (school, home, community, religious institution), the quality of the child's education in the current situation, the impact on the child of changing the status quo, and, the child's preference, if the child is above a certain age (usually about 12).
If one parent moves out and leaves the kids with the other parent, does it hurt the moving parent's chances of getting custody at a later date?
In a word, yes. Even when a parent leaves to avoid a dangerous or highly unpleasant situation, if the parent hopes to have physical custody at a later time it's unwise to leave the children behind. The parent who leaves sends a message to the court that the other parent is a suitable choice for physical custody. If a parent must leave the familial home (and wants to be the primary physical custodian), the moving parent should take the children along and, as quickly as possible, file in family court for temporary custody and child support. If this process is delayed, the other parent may go to court first and allege that the kids were taken without that parent's consent or knowledge
Do courts normally favor the other or the father to have custody of the child?
In the past, most states provided that custody of children of "tender years" (about five and under) had to be awarded to the mother when parents divorced. As it turns out, many divorcing parents agree that the mother will have custody after a separation or divorce and that the father will exercise reasonable visitation. If you are a father and want to ask the court for physical custody, do not let gender stereotypes stop you. If both you and the mother work full-time, and the kids have after-school care, you may be on equal footing.
Does custody always just go to one parent?
No. Courts frequently award at least partial custody to both parents, called "joint custody." Joint custody takes one of three forms:joint physical custody (children spend a substantial amount of time with each parent)joint legal custody (parents share decision-making on medical, educational, and religious questions involving the children), or both joint legal and joint physical custody.
Are there special issues if a gay or lesbian parent is seeking custody or visitation rights?
In a number of states, a parent's sexual orientation cannot in and of itself prevent a parent from being given custody of or visitation with his or her child.
Is race ever an issue in custody or visitation decisions?
The U.S. Supreme Court has ruled that it is unconstitutional for a court to consider race when a noncustodial parent petitions for a change of custody
Who determines how much visitation is reasonable and fair?
When a court awards physical custody to one parent and "reasonable" visitation to the other, the parent with physical custody is generally in the driver's seat regarding what is reasonable. This need not be bad if the parents cooperate to see that the kids spend a significant amount of time with each parent.
Is mediation the best approach to solving disagreements about child custody?
Mediation is a non-adversarial process where a neutral person (a mediator) meets with disputing persons to help them settle a dispute. There are several important reasons why mediation is a superior method to litigation for resolving custody and visitation disputes.Mediation usually does not involve lawyers, expert witnesses, or fees. Mediation usually produces a settlement after five to ten hours of mediation over a week or two. Going to court can drag out over months or even years.Mediation enhances communication between the parents and makes it much more likely that they will be able to cooperate after the divorce or separation when it comes to raising their children.
What is establishing paternity?
Establishing paternity is determining the biological parents of the child or children. This is done by swabbing the inside of the mouths of the mother, father and child or children. Age of the child or children does not matter.
What is the process of child support?
There are five steps involved in filing for child support: Step 1. Open a Child Support Case. Step 2. Locate the Noncustodial Parent. Step 3. Establish Paternity (if necessary). Step 4. Establish a Support Order (if necessary). Step 5. Enforcement of the Support Order.
What is mediation?
Mediation is when the biological parents come to an agreement on child support payments, and visitation of the child outside of court. This is easier and faster than going to court, hiring lawyers, and paying court costs. The agreement is taken by the Dept. of Child Support Services and signed by the judge.
How and when is child support received?
The DCSS contacts the noncustodial parent to request child support payments. The custodial parent is not required to contact the other parent for payment. Child support is generally deducted from the noncustodial's paycheck from his/her employer. Each state varies as to when the custodial parent receives child support payments.
What happens if the noncustodial parent does not pay child support?
The custodial parent is to contact the DCSS each time a payment is missed. After 3 consecutive months of no payments, the DCSS takes action in contacting the noncustodial parent to receive payment. If still no payment, a warrant is issued for the noncustodial parent's arrest for contempt of court. NOTE: Lack of child support payment does not justify refusing visitation. Lack of visitation does not justify refusal of child support payments.
What happens if the noncustodial parent is in jail/prison?
No payments will be made while the noncustodial parent is in jail/prison. The payments will continue when the noncustodial parent is released. Even if that means the payments continue after the child reaches the age of 18. Any payments missed will be considered back child support.
How does child support payments effect TANF?
If the custodial parent receives TANF or Medi-Cal, the state seeks child support from the noncustodial parent. The custodial parent can choose to either receive child support or government assistance. Cannot have both. The government will receive the child support payments in the case the custodial parents opts to receive TANF or Medi-Cal.
Can I choose to discontinue child support?
Yes at any time the custodial parents wishes to no longer receive child support payments, he/she must contact the DCSS. They will make sure any past due payments are paid and will notify the noncustodial parent of the cancellation of payments.