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Child Custody

Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare.  Custody usually refers to a combination of physical custody and legal custody. 

Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts.  When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself.  When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

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Frequently Asked Questions

Legal Articles

  • What Factors Does the Judge Consider When He or She Makes a Decision About Child Custody?
    In most states, the usual standard that judges use in deciding child custody is the “best interests of the child”. Depending on the state you’re in, the factors that actually make up the “best interests of the child” standard may vary. There is typically no one factor that guides a judge’s custody decision; rather, the judge makes a child custody decision … more
  • What is a Guardian Ad Litem?
    A guardian ad litem is appointed by a court in order to represent the best interests of the child. Either parent can request that a guardian ad litem be appointed for their child, or the court can appoint a guardian ad litem for the child. While some states require that a guardian ad litem be an attorney, other states’ courts will appoint guardian ad litems who are not … more

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