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The formula that a court will use to determine the amount of child support that you have to pay will depend on a variety of factors. One of these factors is, generally speaking, which parent has custody of the child. Typically, the non-custodial parent is the one that will be paying child support to the custodial parent. However, in the case of joint custody, the situation is not quite so cut and dried.
Joint custody can mean different things in different states, and in different cases. For example, in some states a child that is in joint custody may spend as little as a third of his or her time with one parent, and the rest with the other parent. In other states, this is generally supposed to be much closer to half of the time for each. Often, child support payments are based, at least in part, by the exact distribution of time that the child spends with each parent. For example, if a child spends 40% of his time with his mother and 60% of his time with his father, it is possible that the mother would actually have to pay a certain amount of child support. This makes up for the disparity between the actual 40% time factor and the 50% of the financial responsibility that the parent shares for the child.
Having said all of that, again, there are other factors that go into figuring out whether you will have to pay child support. The child support guidelines in most states indicate that the court is to look at the actual income of the parents as a factor into determining what exactly that parent should be paying for child support, even if they have joint custody. In addition, there are specific guidelines about which parent is able to claim the child or children as dependants, based in part on factors like custody and the amount of child support that each parent is paying.
An attorney who has experience in child support and custody cases may be able to provide you with information that is more specific to your state or to your situation.
Posted in Child Custody |
It can be more difficult for an unwed parent to get custody of a child. Specifically, it is generally more difficult for the father to get child custody if he is not married to the mother. Obviously, the mother’s claim to the child is pretty apparent right from birth. If the mother chooses not to list the father on the birth certificate, it can be an uphill battle for the unwed father to get custody of his child. In this case, the unwed father has to establish paternity to get child custody.
Paternity can be established in several ways. First, in most states, if a couple is married at the time the woman becomes pregnant the man is presumed to be the father of the child, and has a legal claim to the child. Even if another man actually fathered the child, because the biological father and the mother were not married, that biological father has to be able to establish paternity in order to make a child custody claim.
In many cases, an unwed mother might wish not to list the father on a birth certificate. It may be that the father is violent, or that there is some other concern that the father would be a danger to the child. Still, in some cases, an unwed mother may wish to list the father, whether it is because the father wants to be involved in the child’s life or whether the mother wants to build a case for child support.
In some instances, an unwed father may actually be able to establish paternity. Even if he does, there is still a battle for child custody. Once paternity has been established, the burden of proof is often on the father to prove that he can provide a more suitable environment for the child than the mother can. Because the courts often prefer to leave a child with whatever parent has had custody up to this point, the struggle of the unwed father to get child custody can be very challenging, but it is not impossible.
Posted in Child Custody |
Getting custody of your child before the child is born can be somewhat difficult. You need to be able to first establish that you are the father, in a legal sense. In many states, being married to the mother is enough. However, if you are not married to the mother of the unborn child, you will have a much greater challenge in terms of how you can establish paternity, much less get custody of your unborn child.
While it is possible to do a genetic test on a child while it is still unborn, the fact of the matter is that courts will very often refuse to force a woman to have this genetic test before the baby is born. This is because, although the risk is small, there is a health risk involved in the process of establishing paternity for an unborn child. Still, if you are able to establish biologically that you were the father of the unborn child, the court is generally obliged to recognize that fact.
Getting custody of your child can be another matter altogether. Custody of a child cannot be established, obviously, until after the child is actually born. At that point, a court can grant custody to someone other than the mother. However, the case for granting custody of a newborn to anyone other than its mother has to be a very compelling case. It will probably have to be a situation in which the court believes the baby’s life to be in danger before it will give custody of a newborn to someone else.
If the mother is in agreement, you can establish a child custody agreement before the unborn child is born. Once the child is born, you can then get the court to certify the agreement, and thereby make it legal. Here again, the mother’s wishes play a very heavy role in whether this will happen or not.
If you are interested in getting custody of your unborn child, you should contact a family law attorney who has training and experience in the area of child custody.
Posted in Child Custody |
The fact of the matter is that it can sometimes be difficult to get custody of your child if there is anything in your background that is questionable. Whether you have been convicted of a felony, or whether you are unemployed and would have difficulty financially providing for your child, the court generally has a certain degree of discretion in terms of deciding whether you will get custody of your child. Having said that, being convicted of a felony will not always prevent you from getting custody of your child.
There are certain crimes that, if you have been convicted, will very likely make it impossible for you to get custody of your child. In fact, some states even have specific guidelines that the court must follow in this regard. For example, if you have ever been convicted of child abuse, child endangerment, or a sexually-related felony, it is possible that you will not only not be able to get custody of your child, but that you will probably even have severe limitations as to your rights when it comes to child visitation.
In contrast, if you have been convicted of a felony such as tax fraud, it is probably still possible for you to get custody of your child. If you were convicted of a felony a long time ago and have not been a repeat offender, and can demonstrate that you have reformed, this will often work to your advantage as well. Make no mistake about it, however. The fact that you have been convicted of a felony will very likely be a part of the court’s decision about whether or not you can get custody of your child. With all other factors being equal, you may still be at a disadvantage if you have ever been convicted of a felony, at least when it comes to getting custody of your child.
If you have been convicted of a felony and are trying to get custody of your child, you should make sure that your attorney is aware of the situation. You can be relatively certain that your ex-spouse’s attorney will be aware of the situation, and your attorney can help you to figure out how to best present the situation to the court in the most favorable light possible.
Posted in Child Custody |
During the divorce process, parents are often more concerned about their own interests than they are about the interests of their children. Many times, hurtful things can be done and said. Fortunately for the children, it is the job of the court to look after their best interests. A court must approve any child custody agreement, and can compel a couple to modify the agreement if the court believes that the agreement is not in the best interests of the child. In addition, there are situations in which a child custody agreement can be modified after the fact.
Sometimes, a child custody agreement may be modified because the parents’ situations have changed. It may be, for example, that a parent that has primary custody is changing jobs or moving, and it will become more difficult for that parent to care for the child a majority of the time. On the other hand, it may be that one parent gets married, and has therefore access to more resources, in terms of caring for the child, than the other parent has. When these sorts of changes occur, parents often will agree that their child custody agreement needs to be modified. They can then, working through their attorneys, come up with a modified child custody agreement to present to the court for approval.
In other cases, it may be that a custodial parent develops a problem that makes it necessary or preferable for the court to modify the child custody agreement. For example, if a custodial parent is convicted of a felony and put into prison, they will obviously be unable to care for their child or children. If a parent develops another problem, such as a problem with drugs or alcohol, it is also possible that the court would intervene and modify the child custody agreement. Generally speaking, however, the situation has to be rather extreme for the court to initiate a change in the child custody agreement.
To find out the process to modify a child custody agreement in your state, you should speak with an attorney who is experienced in child custody law.
Posted in Child Custody |
When it comes to child custody after a divorce, there are generally guidelines that the court must follow. The guidelines that the court must follow in regard to child custody can vary quite a bit from one state to the next. However, there are some overriding principles that most states have put in place in terms of these guidelines. The one common guideline that courts must follow in regard to child custody, regardless of the particular state, is to look after the best interests of the child. This is because, all too often, the divorce process becomes more and more about each of the parents looking after their own best interests, and not necessarily the best interests of their child or children.
In most states, the preferred situation is one in which both parents share legal, and if possible physical, custody. Joint legal custody means, of course, that both parents have the authority to make decisions regarding the child’s well-being, such as in the areas of education, health care, and those sorts of things. Joint physical custody refers to a situation where the child or children spend roughly equal amounts of time with each parent. Physical and legal custody don’t always go hand in hand; it is common for both parents to share legal custody but for one parent to have primary physical custody. While there are often not specific guidelines in regard to whether child custody should be joint, there are usually guidelines to indicate when custody should not be joint.
When one parent is considered to be unfit, or when there is a question of abuse or a problem with the living conditions of one parent, the court must then follow specific guidelines set by the state in regard to child custody. For example, in some areas, if a parent has been convicted of a violent or a sexual felony, that parent will not be allowed to have child custody. While this is not necessarily a guideline that the court must follow in every state, it is a very common guideline.
To find out what the guidelines are that the court must follow in regard to child custody in your state, you should consult with an attorney.
Posted in Child Custody |
In the past, it was relatively common for mothers to almost always get child custody in a divorce proceeding. There are many reasons that this took place, historically. Having said that, things are very different today. While it is true that many judges still hold some outdated prejudices regarding whether mothers or fathers ought to have custody of a child, more and more states are passing laws that encourage courts to consider mothers and fathers equally when there is a question of child custody.
There are factors that are supposed to be more important to the court than whether the person who wants custody is the mother or the father. For example, if a child has been living with one parent throughout the divorce process, and if the child is doing well at that point, the court is often reluctant to award child custody to the other parent, as it seems to be disruptive to the child. In cases where the child is old enough to be able to form a reasonable opinion about who should get child custody, the court will very often listen to the child’s opinion as well. In addition, the court may look at any number of other factors, from lifestyle issues to the details of each parent’s living arrangements, such as the number of bedrooms in the home.
Having said all of that, it can still often be an uphill battle for a father to get child custody. Unless there is a specific and obvious advantage to living with the father, many courts are more likely to give child custody to the mother. In cases where there has been abuse by the mother, whether it is physical abuse or sexual abuse, or where there has been a history of child neglect or child endangerment, it can be easier for a father to get custody of a child. Outside of these situations, a father will often have to work a bit harder in order to get child custody than a mother would.
Posted in Child Custody |
When you think about adoption in terms of the entire world, the fact of the matter is that you have to think about it in terms of what country has the most children up for adoption. If one of the reasons that you are considering adoption is because you think you can make a difference in the life of a child who otherwise may not have much of a future, it is important to know where exactly the need is the greatest.
However, it can be somewhat difficult to know what country has the most children up for adoption. While it would seem that the obvious answer would be the most populous country in the world, China, there is no way to accurately verify exactly how many children China has up for adoption. As a communist country, China’s records regarding the number of children up for adoption are not exactly available for us who live in the West to have access to.
We are, however, able to look at other regions of the world with some more accuracy. There are many children, for example, up for adoption in the countries of the former Soviet Union. It has been estimated that there are as many as one and a half million children who are not living at home in central and eastern Europe. This is in contrast to many other european nations, who may have as few or fewer children up for adoption than the United States has children up for adoption.
These numbers are reflected in the trends in international adoptions in the United States. Adoptions from China, for example, are about one quarter of all of the international adoptions each and every year. Adoptions from Russia and from other former Soviet countries come in second, in terms of which countries have the most children adopted by people in the United states.
Proportionately, developed countries tend to have less children up for adoption than countries that are developing. For example, it is probably going to be as hard to adopt a child from England as it is to adopt a child in the United States. However, it will probably be easier to adopt a child from Sierra Leone than it will be from either England or the United States.
Posted in Adoption |
In the same way that a new baby is welcomed into the world with a baby shower, there is no reason at all that an adopted child should not be welcomed into her adopted family by throwing a welcoming party! A welcoming party for an adopted child is a wonderful and exciting way to celebrate the event of adding an important member to the family.
By throwing a welcome party for an adopted child, you are telling the child that he is significant. His presence in your home is something that you are happy about! He is a blessing that you have waited a long time for. Not only that, but your friends and family believe that he is an important part of their lives now, as well. A welcome party for an adopted child is a great way to emphasize his inclusion in your family. Still, you will probably want to hold off on the welcome part for a week or two at least, while the adopted child gets to know your family better.
A traditional baby shower usually has a baby-centered theme. If your adopted child is older, the welcome party that you throw for her will obviously be different. If she is three years old and loves Cookie Monster, for example, you might throw a Cookie Monster-themed welcome party. If you have adopted your child from overseas, you might want to try to incorporate some of your adopted child’s traditions or foods into the welcome party. For example, you might serve popular Chinese dishes if your adopted child is Chinese.
Throwing a welcome party for an adopted child will also have different sorts of activities and gifts than a baby shower would have. Gifts might be more age-appropriate, for example. Instead of a baby carrier, you might buy the adopting family a toddler booster seat. Instead of rattles, you might buy some building blocks or other age-appropriate toys that the child would like to play with.
Finally, throwing a welcome party for an adopted child can also include other children. While it is rare for children to attend a baby shower, there aren’t many reasons why children couldn’t come to meet the adopted child.
Posted in Adoption |
When a baby enters a family, whether it is through birth or through adoption, it is a reason to celebrate. There is no good reason why a couple who is about to adopt a baby or a child should not have a shower in the same way that a couple who is going to have a baby the traditional way should have a shower. Still, throwing a baby shower for an adopting family may, in some ways, be very different from throwing a baby shower for a family who is going to birth a baby.
In terms of the theme for the baby shower, if the adopting family is adopting a baby, the theme will probably be along the same lines as for a regular baby shower. If you’d having a Sesame Street-themed baby shower for a couple having a baby, there’s no reason you couldn’t have a Sesame Street-themed baby shower for an adopting family. In the same way, the gifts for a baby shower for an adopting family, if they are adopting a baby, will be the same as the gifts for a regular baby shower.
Games are an area where things might be different when throwing a shower for an adopting family. For example, many baby shower games focus on the pregnant mom-to-be. Obviously, games that have to do with guessing the size of the mother’s belly, or measuring the mother’s belly wouldn’t be appropriate. However, there are still many games, such as baby item memory, that can be played. You can still also guess the birth day and weight of the baby, if the adopted baby has not yet been born.
Here, however, is where things can be different. If the baby is already born, and especially if the baby isn’t a baby at all but is an older child, you might consider holding off on the shower for the adopting family until after the adopted child arrives. In this respect, you can help the older child to celebrate the adoption with the adopting family, and recognize the excitement and happiness that she is bringing into the world.
With an older child, obviously, gifts, themes, and games will all be different, and should center around the child.
Posted in Adoption |
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