10 Leading Child Custody Questions

Child custody rights are a parent’s rights in legal separation and divorce. They include physical custody and legal custody. The latter empowers a parent to make crucial legal decisions on behalf of their kid. 

On the other hand, physical custody entails the parent that enjoys the legal ability to determine where the child primarily lives. A judge uses several factors to determine child custody rights. They often prioritize the child’s best interests. 

Child custody cases are often complicated because they involve a child’s well-being and safety. Also, state laws on the issue differ significantly. Hence, you must understand family and state laws to make the best out of a child custody case. 

This article discusses ten typical questions on child custody:

1. What Is the Process of Filing for Child Custody and Support?

First, you must file a legal document requesting the court to determine custody and grant you the primary physical custody of the child. Your jurisdiction determines the actual name of the document you must file. 

Furthermore, the appropriate legal pleading you must file depends on the peculiarities of your issue. Below is a list of initial court documents that you may file to institute a lawsuit for child custody and child support:

Divorce: If you are legally married to your estranged spouse, you must file an Original Petition for Divorce before demanding primary custody of the child the union produced. As most states stipulate, you may demand child custody and child support concurrently in the petition. 

Suit Affecting Legal Separation or Parent-Child Relationship: If you are not legally married, you will file a Legal Separation or a Suit Affecting Parent-Child Relationship with the partner. Then, you can demand child custody and support. 

Modification: If there is an existing court order on the kids you want to change child custody or support, you will file for a modification of the court’s previous order. For your case to succeed, you must prove that there has been a substantial change since the last order, which has made it inappropriate. 

Paternity Action: As the biological father of a kid, if your name is not on the birth certificate or the child was born during a marriage that was not yours, you must first prove yourself as the legal father of the child. Hence, you must file a paternity action before filing for custody and child support. 

As you can see, the specifics of your matter and local jurisdictional laws will determine what you need to file. 

2. If My Partner Has Full Custody, Do I Need to Pay Child Support?

Child support payments aim to help the parent with physical custody meet their financial responsibility of raising a kid. It is a court-instructed sum that the non-custodial parent pays to the custodial parent. 

Some jurisdictions have given standards to ensure a fair support payment amount, while others consider the peculiarities of each case to determine the support amount.

The child is the beneficiary of child support payments, not the receiving parent. Hence, these payments often cater to food, clothing, shelter, education, and medical care. 

Generally, the court will consider the following factors to determine child support payment amounts:

• The child’s needs
• The custodial parent’s income
• The non-custodial parent’s ability to pay
• The child’s living standard before the divorce

The essence of child support is to ensure a parent performs their legal responsibility to support their child. Courts usually require non-custodial parents to support the custodial parent financially for the child’s overall well-being.

3. Must I Permit Visitation If I Have a Full Custody?

Adhere strictly to the court order on visitation issues because flouting the court order can lead to contempt charges. However, if the court does not demand visitation, you are not required to permit it. You are not under obligation to give visitation if the non-custodial parent demands it, especially on the platform of threats to withhold child support.

The most appropriate step is to file for visitation. If the court has already denied their request, they must respect the court order and not threaten you into submission. 

4. What Is the Impact of Full Custody on the Child Support Amount?

Usually, a parent’s custody amount does not influence the child support amount as long as a parent enjoys primary custody of the child. Thus, unless your custody order is for split custody, where each parent has 50-50 child ownership, the court will typically order a parent to pay child support. 

Typically, all states have a guideline child support amount that the non-custodial parent must pay the custodial parent. 

5. How Can I Get Primary Custody of My Kid?

It is advisable to consider working with your child’s other parent to avoid legal impasses. You must prioritize the child’s best interests in all circumstances. 

Hence, if your estranged spouse is involved with and loves the child, it is unlikely that the court will decline them any custody rights to their baby. You may need to institute legal action if it is impossible. 

For instance, you can file a lawsuit with the court, demanding a custody order if the other party breaches an existing custody agreement or is abusive. If some level of cooperation is feasible, involve family mediation. You can also develop an out-of-court parenting agreement with your partner. 

Avoid the following if you want to have full custody of your child:

• Threatening, harassing, or intimidating the other parent
• Demanding custody to solely gain control or advantage over your ex 
• Involving yourself in the communication process when your respective attorneys should handle the process on your behalf
• Missing custody meetings, proceedings, and court hearings requiring your presence

You should not disregard a court order, even if the other parent is “pushing you to.” The court will eventually review your actions and consider your willingness to abide by the system’s rules. Such a positive rating can speak for you. 

6. Can I Receive Child Support Without a Child Custody Agreement?

While you can get indirect child support from your partner, it is not advisable to tread that path. The other parent can renege on their promise at any point, and since indirect payments are not enforceable, you will become stranded. Thus, it is advisable to secure a court-ordered child custody and support agreement to avoid illegalities in the future. 

Typically, the court will ensure you register your support agreement with your state’s Office of the Attorney General. It covers an income withholding order; the system will automate the deductions of child support payments from their paychecks for the child’s timely support. Formal child support will give you rest of mind. 

7. What Should I Do If the State Has Custody of My Baby?

If the state has or is about to terminate your parental rights, speak with a lawyer immediately. There is usually a time limit when you can appeal the court’s decision on terminating your rights. You can do nothing again once you allow the court to terminate your rights permanently.

However, if it is a tentative removal, you must be ready to follow every court-given instruction. Adhering to every court order bolsters your chances to get back the child.

8. What Should a Child Custody Agreement Contain?

Courts usually issue child custody agreements with a legal separation or divorce decree. Typically, a child custody agreement should contain the parent with primary custody rights, the parents with legal custody rights, split custody arrangements, other parties that can assume custody, non-custodial parent’s visitation schedule, and child support provisions.

9. How Can I Use the Best Interest Standard to Change My Child’s Name?

Custody arrangements do not empower you to change your child’s last name. If the non-custodial parent and the child enjoy an involved and loving relationship, the court may not permit you to alter the kid’s last name even if you have sole custody. 

Also, the other parent could oppose the name change even if they are not involved in the child’s life. Under such circumstances, you must prove that the name change is in the child’s best interests.

A court must approve the name change, even if you and your partner mutually agree to it. You must prove your point if you argue that the name change benefits the child. For instance, you must prove how the current name has caused the child embarrassment or substantial harm. 

Once the court has endorsed the name change, you must inform the Social Security Administration and other relevant state agencies to update the child’s birth certificate. 

Also Read: Ultimate Guide on How to Get Sole Custody as a Father

10. Do I Need Legal Representation to File for Custody?

You need the assistance of a child custody attorney to file for child custody and support. Many child custody and support issues often end in large-scale disagreements. Hence, you need the help of a professional to avoid such messy situations and always to protect the child’s rights. 

Further, an attorney will help you understand how state-specific laws affect your case. They will enlighten you on your rights and options.