Child Custody & Support

Child Custody

The court will award custody by using the "best interest" of the child standard. Under this standard, the courts will consider several factors, including the wishes of the parent, the wishes of the child, the interaction of the child with parents and siblings and the mental and physical health and stability of the individuals involved. In determining the best interest of the child, the court will sometimes appoint a Guardian Ad Litem to investigate the child's situation and make a recommendation to the Court. The Guardian Ad Litem has a duty to act on behalf of the child, advocating the child's preference if the child is old enough to express a preference.

The court may consider the agreements of the parties, if the agreement is in the best interest of the child. If a child is 14 years old or older, the child shall have the right to select the parent with whom he desires to live. The child's selection will be controlling unless the parent is not fit. The court almost always awards visitation to the parent not given custody. However, the court may consider family violence in making a decision about whether to award visitation to the non-custodial parent.

Joint Legal Custody is encouraged whenever possible. Joint Legal Custody is an equal sharing of responsibility in making decisions that affect the children. It does not necessarily mean that each parent will have physical custody of the child for an equal amount of time, although parents can agree to do so. Child Support may still be ordered in cases of Joint Legal Custody based on the Child Support Guidelines. Orders providing for the support and custody of children are subject to modification after the divorce if there is a substantial change in the circumstances of the parties i.e. an increase or decrease in income or a change in the living arrangements of the children.

Child Support

Child support laws have changed recently. The new law replaces the method which child support is calculated and became effective in January 2007. Non-custodial parents (the parents that do not have custody of the children) will no longer pay a flat fee percentage of their gross income as child support. The new formula, referred to as “Income Shares” formula, will factor both parent’s income when calculating child support, instead of relying exclusively on the non-custodial parent’s income. Basically, both parents will complete a worksheet that will aid in the calculation of child support payments. If the parties agree to child support between themselves, their amount must be close to what the child support worksheet generates.