5 Questions Every Parent Asks in Family Law Cases

1. How does the court determine child custody?

Answer:

The court considers factors such as

the age, health, and emotional needs of the child,

each parent’s ability to provide a stable environment for the child,

the child’s relationship with each parent, and

any history of abuse or neglect, in making custody decisions.

In general, the court looks to custody arrangements that promote the overall well-being and stability of the child.

2. How much child support will I pay (or receive)?

Answer:

Child support is based on:

Both parents’ income.

Custody arrangement (e.g., joint or sole custody).

Child needs, such as education, healthcare, and after-school activities.

Each jurisdiction will have its set of guidelines; online calculators can give approximate figures, but the amount received will depend upon the court orders.

3. Can custody and support agreements be changed?

Yes, custody and support orders may be changed where there is a significant change of circumstances, like:

A job loss or a dramatic change in the income of a parent.

The relocation of either parent.

Changes in the child’s needs or preferences.

The requesting parent must file a motion with the court and present proof of the change.

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4. What rights do I have if my ex doesn’t follow the custody agreement?

Answer:

When the other parent breaches the order, you are allowed to

Document the breach (for instance, missed visitations).

Seek to resolve it amicably or through mediation.

File a motion to enforce the order by the court.

Continuing violations can result in modification of the custody order or consequences for the violating parent.

5. Can I move with my child after divorce?

Answer:

The court will allow relocation only if it would substantially alter the custodial arrangement. The court will consider the following factors:

The reason for relocation (for example, job opportunity, family support).

Impact on the child’s relationship with the other parent.

Is the relocation in the child’s best interests?.

Failing to get approval could result in legal consequences, including changes to custody.

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