Understanding Custody and Child Support During Divorce Proceedings

Divorce can be a very challenging process for everyone and it can be even more complicated when children are involved. Some of the critical issues that will come up during divorce proceedings are custody arrangements and child support. If you and your partner are planning to apply for divorce, you need to understand the legal concept for child custody and support.

You can select a family lawyer Melbourne to represent your legal interests. They will be able to address your concerns and explain legalities in relation to your case. When it comes to custody, this is the legal authority and responsibility to make decisions regarding the upbringing of the child. Some aspects of this are healthcare, education and general welfare of the child. There is physical custody and legal custody. With physical custody, the decision will be made on where the child will be living on a day to day basis. This will generally be given to one parent and they will be known as the custodial parent.

The other parent will be provided visitation rights or parenting time. There is another situation where joint physical custody is granted. In this situation, the child will spend time with both parents. If you have legal custody for the child, you will be able to make significant decisions about the upbringing of the child such as their education, healthcare, religious matters etc. This can be awarded to one parent or shared jointly between the parents.

There are a few factors

That will be considered when it comes to deciding the custody arrangements. The age of the child along with their developmental needs and preferences will be taken into consideration. The court will also consider the ability of the parents to provide a stable environment for the child and nurture them. To understand their ability, the physical and mental health of the parents will be assessed. They will also evaluate the quality of the relationship between each parent and the child along with their willingness when it comes to facilitating the relationship between the child and the other parent. The proximity of the residences of each parent will be taken into consideration and how this will affect the schooling and other social activities of the child. If there is a history of domestic violence, neglect or substance abuse, this will be seriously regarded in court when deciding the custody arrangements.

Both parents are required

To contribute financially to the needs of the child and this financial obligation is called child support. This will help cover items such as food, clothing, education, housing, healthcare and other activities of the child. How child support is calculated will vary when it comes to state laws and guidelines but there are some general factors taken into account. They will consider the income and earning capacity of each parent along with the number of children that need support. The specific requirements of the child will be considered. For example, there can be medical expenses. The court will also consider the standard of living the child would have experienced if the parents stayed together.

the authorBerryMcewen