The Children Of Divorce
If any children are involved in your divorce, you may be facing a custody agreement. First, assuming all issues are resolved without difficulty, there is a 60-day waiting period before the Decree can be entered. Secondly, if there are any minor children, the parties must resolve all issues of:
- Child Support
- Child Custody
- Parenting Time (visitation)
- Insurance for the Child/Children
If the parties cannot amicably resolve the issues involving the children, then the Custody Court must make these decisions.
Custody Involving Children
Child Custody is determined by what is in the best interests of the child. Child Custody cases are very emotional and sometimes have allegations of abuse. Paducah custody is simply the determination of which parent is legally empowered to make decisions on the child’s behalf. The issue of parenting time deals with the issue of where the child spends his / her time. It is important to have an aggressive, experienced attorney to protect your most precious gift – your child.
Factors the Court considers in custody / parenting time cases:
- Which parent has been the primary caregiver of the child?
- Who has the child lived with?
- Who prepared the child’s meals?
- Who prepares the child for school including in the morning as well as with respect to the child’s homework?
- Who schedules and takes the child to doctors, dentists and any other appointments, as necessary?
- Who stays home when the child is sick and unable to go to school?
- The stability of the parents home and employment
- The emotional and mental status of the parties
- In adolescent children, the wishes of the child may be a factor.
- How the child behaves and reacts in one home or another.
- Will changes in the child’s environment cause anxiety, confusion and result in a lack of trust and security? Stability is desirable.
- Is the parent able to care for himself/herself?
- Psychological evaluations of the parties if deemed necessary.
Child Support for your children is determined normally by the Child Support Guidelines chart, but parties can ignore the amount in the chart and they can agree upon a different amount if they choose to do so in a divorce agreement and the amount is reasonable. If they do not agree upon an amount the judge must award child support by the chart unless the judge can show that there were strong reasons not to use the chart. These reasons may include a disabled child with higher support needs. In most cases, it is important to just get support in place and started. Support can always be increased later. Child support is not tax deductible to the person paying support.
Contact Us Today
If you have any questions concerning child custody or child support call our office at 270-908-0995 or fill out the contact form. We understand this is a difficult time and we are here to help walk you through the process.