Michael E. Byczek, Attorney at Law

		Child Custody, Support, and Visitation There are three issues to resolve when a divorcing couple have minor children. These are support, custody, and visitation. Typically, parents going through a divorce are not allowed to make private agreements about their children. A court must review and approve issues regarding children, whereas property distribution and alimony are within the judgment of the parties unless clearly unfair. Support Judges start with statutory guidelines. If there is one child, the supporting parent will pay 20% of net income as child support. Two children - 28% Three - 32% Four - 40% Five - 45% Six or more - 50% The guidelines are followed unless there is an appropriate reason for deviation. - financial resources and needs of the child, custodial parent, and non-custodial parent - standard of living the child would have enjoyed absent a divorce - physical/emotional condition of the child - educational needs Courts will usually require health care coverage of the child. Support may be modified, such as in the following situations. - substantial change in circumstances - comparison to guidelines - need to provide health care Unless there is a written agreement that provides otherwise, child support is terminated at the age of 18 (unless still in high school). If supporting parent dies, payments are enforced or modified in accordance with equity. Custody If the parents are unable to agree to a proposed plan, a court will determine custody based on the best interests of the child. - wishes of parents as to custody - wishes of child as to who should be custodian - interaction and interrelationship of child with parents, siblings, or other individuals - adjustment to home, school, and community - mental and physical health of all individuals - physical violence - repeated abuse - sex offense - willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent. There is a presumption that maximum involvement and cooperation of both parents regarding physical, mental, moral, and emotional well-being is in the best interests of the child. Joint custody is approved when the court is convinced that the parents are able to cooperate with regard to the Joint Parenting Agreement. However, joint custody does not mean equal parenting time. Visitation A parent who is not granted custody is entitled to reasonable visitation rights, unless this would seriously endanger the physical, mental, moral, or emotional health of the child. Grandparents, great-grandparents and siblings (over one year old) may also petition the court for visitation rights. A custodial parent who intentionally interferes with the relationship between children and the other parent may be guilty of destroying the parental relationship. It is important that children be given the right to visit both parents, and that each parent be involved with raising their child. Establishing Paternity when the Mother and Father are not Married Copyright © 2008-2009. Michael E. Byczek. All Rights Reserved.