Legal Questions to Ask in Custody Cases

Child Custody Options

• There are several child custody arrangement options. Sole custody means that one parent is mainly responsible for the child and makes all the important decisions regarding the child. The parent with sole custody is referred to as the custodial parent, while the other parent is called the noncustodial parent. Joint custody means both parents have an equal input in making important decisions regarding the child. Joint custody also means that both parents spend equal amounts of time with the child. The actual time the child spends with either parent is known as joint physical custody. The parents can make any arrangement they can work out together, ranging from alternate six-month periods to every other weekend with one parent.
  
  

Visitation

• Any parent that did not get custody can still visit the child under normal circumstances. Normal circumstances means there is no reason to suspect any danger to the child from being with the other parent. Examples of such danger include molestation and psychological or physical abuse. The regularity of the visits is usually a combination of the desires of the parents and the decision of the judge on the matter. Visitation could be every weekend or alternate days in the week. If the other parent without custody lives far away, the visitation could be during holidays.
  
  

Child Support

• Different states have their own guidelines for determining child support. Generally, the courts will consider the income of the parents and other factors, such as number of children. This will be used to generate the amount of child support a particular parent will pay. It doesn't matter if the parents are married; the same rules apply to everyone.
  
  

Violation of Court Orders

• Any court order is considered binding, and any parent who violates court orders could be held in contempt of court. A contempt of court is any conduct that disrupts an official court proceeding. For example, if a parent falls behind in child support payments, a finding of contempt could result in a jail term, a fine or both. There are also several penalties the state can impose on him. The state could seize the defaulting parent's tax refunds or place liens on her property to obtain the past-due support.