One of the most challenging issues to deal with during a divorce is child custody. It’s one thing to divvy up property and other items of monetary value that you and your spouse shared. However, the issue of child custody becomes a complex one, especially when one spouse resents the other.
In most cases, no matter how each part feels about the other, both parents will have to agree to share custody of the children. A court will rarely award custody solely to one parent, but it may happen under certain conditions. So, what can you expect when you have children and are going through a divorce? Here are a few of the most pressing questions and answers to child custody in a divorce.
Do courts give preference to mothers in the case of child custody?
Who gets the children after a divorce is a centuries old dispute. Did you know that there was a time when men automatically got custody of the children? A few centuries ago, children were property. Therefore, men automatically received custody of them. However, during the Industrial Revolution, men started leaving their villages and farms in droves to become wage earners for the family. As a result, women became caregivers by default.
As divorce continued to rise considerably in the late 20th century, the courts began to resort to using discretion once again. The only difference is that nowadays courts attempt to provide joint custody instead of favoring one parent over the other. So, the rule of automatically giving women custody rights is not as prevalent as it used to be. Instead, courts will decide in the best interest of the child.
What is the difference between legal custody and physical custody?
Some people use these phrases interchangeably, but they aren’t the same. Legal custody is the right for a parent to decide for a child in terms of schooling, medical care, and religious upbringing. Physical custody is the right to take care of a child daily. The parent that has physical custody is also known as the custodial parent. A parent may have both legal and physical custody. It is also possible that one parent may have legal custody. But due to work conditions or other factors, the parent can’t take care of the child physically. Therefore, the other parent may take care of the child’s day-to-day needs, but the parent with legal custody may decide what those needs are.
Who pays child support?
Typically, the parent who the child lives with gets child support. However, in some cases, the more financially stable parent may have to pay child support, especially in joint custody cases. Child support should go towards the children’s basic needs, including school fees, medical bills, transportation, entertainment, and extracurricular activities.
Can I stop allowing my ex to see our children if child support stops?
Since child support and child custody are two different matters, you can’t stop allowing your spouse to see your children because they aren’t paying child support. If you are having trouble receiving child support, you will have to get the Child Support Enforcement Agency to help you get your ex to resume payments.
Can I stop child support if my former spouse won’t allow me to see our children?
Again, child support and child custody are two different things. It would not be a good idea to stop child support without permission from the court. Instead, it is better to go back to court to seek a legally enforceable resolution.
Is it possible to get sole custody of our children?
In many cases, the courts may grant joint custody or give one spouse custody over the other. In addition, a parent may get sole custody, but it is usually in extreme cases. For instance, if one parent lives far away, the judge may grant sole custody to a parent. Likewise, if one parent has a history of abuse or neglect, the other parent may get sole custody.
Under what circumstances does a court enforce supervised visitation?
Usually, the courts will establish supervised visitation when serious issues make one parent unfit to have time alone with the children. This includes a history of abductions, a history of physical abuse, or substance abuse. In such extreme cases, the court may order supervision by an agency, therapist, child care worker, teacher, or supervision by a reliable friend or family member.
These supervised visits may be 100 percent supervised or could have intermittent supervision. In low-risk cases, the supervisor may simply help with the transition from one parent to the other to minimize conflict.
Can the courts control religious preferences in child custody?
The custodial parent has the right to have a say-so in the child’s religious upbringing. However, this doesn’t mean that the non-custodial parent can’t influence the children with their beliefs. In other words, the custodial parent can be a significant influencer over a child’s faith. But if the other parent decides to take the child to their faith organization, the custodial parent can’t forbid it.
Ultimately, it is up to a judge whether or not religious beliefs could affect the child’s health or welfare and enforce the law accordingly. Different states may have different rules regarding this matter, so it’s best to speak with an attorney and have the courts rule on this decision rather than taking matters into your own hands.
If a spouse remarries, will my child support increase?
An increase in child support is not automatic just because your ex remarries. However, you can get the court to modify your child support payments. Ultimately, it is up to the court to grant an increase if they see fit.
Divorce and Family Law Services
When it comes to divorce and child custody, every case is different. No one can predict how a judge may rule in a custody case, but these answers here can help you get a general idea of the precedence that has been set for most situations. To learn more about child custody for your specific case, it is a good idea for you to speak with a divorce and family law attorney.
Tower Kasron Law in Livonia is a full-service divorce and family law firm that can help. Backed by years of experience in the community, we will evaluate your legal rights and identify the absolute best plan of action for you. Contact us to schedule a Free Consultation.