One of the most difficult aspects about divorce is the effect that it will have on your children. Naturally, you may also wonder about what is going to happen in regards to child support, child custody, and alimony.
To help guide you through this difficult process, here are some very common questions concerning divorce and detailed answers to each one:
How Will Child Custody Be Determined?
To put things simply, the child’s best interest is the number one factor that should be considered when determining child custody. Many states leave this entirely up to the judge, while others have guidelines that set forward considerations that the judge must take into account.
It is very common for only one parent to be granted custody and the other visitation rights. Usually, the parent granted custody will be the parent who made the most daily decisions regarding the lives of the children and who can financially support them.
It’s also common for both parents to be active in their children’s lives as well, which is why joint custody is becoming a common occurrence in recent years. With joint custody, there are discriminations between legal custody and physical custody. Physical custody means the children live with one or both parents, while legal custody refers to parental decisions concerning the children’s lives.
How Will Child Support Be Determined?
Child support can be a very difficult situation when both parents were having difficulty meeting their financial needs. For instance, the amount of child support that the court orders might not be enough for the custodial parent to raise, or it may be too much for the non-custodial parent to pay.
With that being said, all states have regulations and guidelines regarding child support. One form of child support will take the non-custodial parent’s income and designate a percentage of it to be paid in child support. The more children, the higher the percentage will be.
Another method is to take the combined income from both parents and then have both parents contribute to the needs of the children. In other words, the parents will split the cost of health care, child care, food, and any other necessities.
Can One Parent Outright Prevent The Other From Seeing The Children?
Courts automatically work on the assumption that children need to have consistent contact from both parents for their best interest.
Therefore, it is very rare for a court to outright deny the request of one parent to allow the other parent to see the children, and it will only be granted if it is clear that one parent poses a threat to the welfare of the child.
That being said, even parents who have been found guilty of abuse will be allowed visitation rights, albeit under strict limits and supervision. It is very rare for the court to order that all contact to be outright cut off between a child and their non-custodial parent.