Who gets custody of the children? This is one of the biggest and most controversial issues in any divorce or custody proceeding. Oftentimes custody rules make no sense at all because there are so many factors to consider. It is an issue that has to be dealt with and is carefully looked at by the courts and arranged so that the best interest of the child is the main issue.
Joint custody seems to be taking center stage in the courts. Although this does not simplify the issue, it is a way to be fair to both parents. Joint custody involves both legal and physical custody. From an outsiders perspective this appears to be more confusing than the traditional forms of custody, but actually serve the interests of all parties involved.
Here are some facts to be aware of regarding joint custody issues:
- Joint physical involves the child living with both parents in an arrangement that involves anything from a 50/50 split to as much as a 70/30 split. In this scenario both parents are given equal opportunity to raise their children in their homes. It rarely affects the amount of child support any spouse might be required to pay, but is based on the amount of time the child spends with each parent.
- Joint legal custody is another option. The non-custodial parent is given the right to view the child's private records such as medical and educational, as well as being involved in major decisions made on behalf of the child. Legal custody doesn't have any bearing on child support payments and disregards the amount of time the child may spend with the non-custodial parent.
- Joint physical custody involves both parents having the child for a specified amount of time. Often this involves a primary and secondary physical custodian. The primary physical custodian is the parent who has day-to-day custody. The parent that has secondary physical custody has visitation rights. This may be holidays, alternating weekends, and time during summer vacation.
Child support is determined by the amount of money both parents contributed to the total household income. If there is a huge disparity of income between the parents, this is taken into account. The goal is to provide the child a similar standard of living. So as you can surmise child support is not based exclusively on custody.
The courts are concerned with the welfare of the child. It tries to make a fair assessment when determining child custody and support. This is the most controversial issue to resolve before partners split up. Child custody resolutions require a significant amount of time to resolve. The effort it takes to establish fair guidelines may take months.
Joel Williams has written several books and articles for single moms. Check out his website at http://singlemomachievers.com/parenting for information, resourceful articles, parenting tools and audios plus methods you can use to become the Mom you intended to be from the start. There is a FREE report to help you get started, "Your 7 Day Personal Program For Taking Back Control Of Your Life As A Single Mom! "
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