divorced parents split custody what to ask your attorney about

by Keegan Christiansen 4 min read

Split custody may not be an option in all states. Speak with your attorney to find out if this arrangement is even an option for your family based on where you live. Parents must demonstrate to the court that a split custody arrangement is in the best interests of their children.

Mentioned ahead are a few child custody-related questions you should ask your divorce attorney to be well-informed.
  • How Is Legal Custody Different from Physical Custody? ...
  • Which Child Custody Laws are Applicable to Your Case? ...
  • Which Factors Does the Court Take Into Consideration before Awarding Child Custody?
Oct 31, 2018

Full Answer

How does split custody affect my family?

If split custody is a proposed idea, consider it carefully before moving forward with any plans. Basics of split custody. Custody laws vary from state to state, and you should always refer to your attorney to answer questions about your specific situation. In general terms, here are some basic points about split custody that may impact your family.

Can I get child support with split custody?

If you are in the midst of a divorce or issues concerning the custody of your child have arisen, it is important to speak to an attorney to ensure that your rights as a parent are protected. In addition to issues specific to your circumstances, the following questions can help you gain a clearer understanding of what you should do and how an attorn...

How do divorced parents deal with a child who doesn't want divorce?

That is what makes it split custody. Split custody requires that each parent has physical custody of at least one of their children, though that custody may be shared custody. The custody schedule just might be such that the children are never in …

What is shared custody in a divorce?

parenting. Co-Parenting and Joint Custody Tips for Divorced Parents Co-parenting after a separation or divorce is rarely easy. These shared custody tips can help give your children the stability, security, and close relationships with both parents that they need.

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What should I ask for in a child custody agreement?

Your agreement should contain:A custody and visitation schedule (including a holiday schedule)Parenting provisions.Child support information.Anything else that will help you and the other parent raise the child.

What is the legal age for a child to decide which parent to live with in New York?

Preference and age: In New York, 18-year-old children are no longer subject to an order of custody. They can choose where they want to go. At the same time, many courts will hesitate to influence the choice of a 16- or 17-year-old, unless the teenager has serious problems or his/ her choice seems unreasonable.

Can a 10 year old decide which parent to live with?

You can allow your child to make this decision for themselves. This is your choice as a parent; there's no set age that determines when a child is allowed to say where he/she wants to live. However, a child is not legally entitled to choose who to live with until the age of 16.Feb 24, 2020

When parents split up who gets custody?

If a child's parents are separated the normal day to day decisions will be made by the parent with whom the child lives with and spends the majority of their time with. More important decisions (such as changing a child's name, school applications or medical treatment) should be decided jointly by everyone with PR.Jan 29, 2018

What age does a child have a voice in court?

Children aged 12 or over are usually considered to be old enough to know what they want. The judge can decide to listen to the children, or the judge can decide for the children. The only principle the court has to consider is what would be in the best interests of the children.

What does the law say about child custody?

Under the common statutory provision, if the spouses have children together while married, the parents have joint guardianship over that child and the parental rights are equal. Each parent has an equal right to the custody of the child when they separate.

What age can a child choose not to see a parent?

This can be around the age of 12 or 13 but varies on the circumstances. The wishes and feelings of a child below the age of 11 may be taken into account but will not usually carry such weight.Sep 10, 2020

At what age can a child of divorced parents choose who to live with?

16 years oldChildren can legally decide who to live with when they are 16 years old. This may be extended to 17 or 18 years old, if there's a Child Arrangements Order in place.Nov 12, 2021

What age can a child decide if they want to see their dad?

At what age can a child decide? In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old.

Are fathers entitled to 50/50 custody?

Parents commonly choose 50/50 custody when they reach an agreement, and it can also be ordered by a court following trial, if appropriate.

Who gets child benefit in shared custody?

Child benefit can only be paid to the primary caregiver of the child. Where there are two children, parents can choose to each receive the benefit for one child each. Child benefit for one child cannot be split between the two parents.Jul 24, 2020

Are dads entitled to 50 custody?

There is no legal minimum or maximum where Custody Is Shared, as each case depends on its particular facts. In all cases, however, the court will be primarily focused on the child's best interests.Jul 25, 2021