One of the most contentious issues that can come from a divorce will relate to the custody of any children that the couple had. Unfortunately, this can be a topic that can cause great stress for some individuals because they may not understand what they should expect from this aspect of a divorce. Learning the answers to a few of the more common child custody questions that first-time divorcees may have can help you to be better prepared for this stressful aspect of a divorce.
What Considerations Will Determine Which Parent Receives Custody?
When choosing which parent will have custody of a child, the court will factor a number of considerations. Typically, this will include financial capability, stability and their role in caring for the child. This is done so that the court can determine which parent will be able to provide the most nurturing environment for the child. In some cases, the court may consider the opinion of the child, but this can vary from state to state and judge to judge.
Is All Custody The Same?
There is a common belief among some people that all custody is the same. However, there are varying degrees of custody that can be awarded to a parent. A common example of this can be the distinction between physical and legal custody. When a parent has physical custody, the child will live with them. Legal custody refers to the ability to make decisions for the child concerning education, religion and medical care. While only one parent can be awarded full-time physical custody, it is common for the parents to share legal custody of the child when it comes to major decisions.
How Can You Force The Other Parent To Pay Their Share Of Child Support?
Child support is essential for ensuring that the parent that lacks physical custody still provides financial help to the child and the other parent. Unfortunately, there are some individuals that can attempt to avoid these payments either out of spite towards the other spouse or greed. When this happens, you will likely need to seek the services of an experienced custody attorney as it will be necessary to petition the court to compel the other party to make these payments. In order to force compliance, it is possible for a judge to issue an order garnishing the wages of the other parent or they can even be held of contempt of court, which can result in being held in jail or paying expensive fines.