Who Should Rightfully Get Child Support?

In some countries, divorce has been made legal so it was made easy for couples to move on and start a new life forgetting their previous encounters but couples who had children is another story. After the divorce, settlements with which side will the children live and the financial support for them.

Child custody is a complicated scenario in divorces. There are four types of child custody, the physical custody, the legal custody, the sole custody, and the joint custody.  Physical custody means that a parent has the right to have a child live with him or her. Legal custody of a child means having the right and obligation to make decisions about the child’s upbringing. Sole custody means that only one parent can have either sole legal custody or sole physical custody of the child. And Joint custody means that parents that do not live together and they share the decision-making and responsibilities for physical control and custody of the child also referred as shared custody.

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In acquiring the custody of the child, there are some factors to be considered if where the custody would be granted to. These factors include the child’s age, sex and mental and physical health, the parents mental and physical health, the parent’s lifestyle and other social factors, the emotional bond between parent and child, the parent’s ability to provide the child with his/her needs, the child’s established living pattern, the quality of the child’s education, the impact on the child of changing status quo and the child’s preference, if the child is above the certain age that the state has given a right to decide (in some other countries, usually about 12).

Usually, if the other parent has acquired a sole legal or physical custody, the other parent is the one who complies with his/her obligations with the child support through payments to the parent who holds the custody to the child. The child support finances are determined through the needs of the child, the income of and the needs of the custodial parent, the paying parent’s ability to pay and the child’s standard of living before divorce.

If payments don’t come as expected, there are other measures that a lawyer can take into considerations in order to make the paying parent to resume or do his/her duty. These considerations may include confiscating or seizing of the paying-parent’s assets.

The court do not side anyone between the two parties or the parents. They play justifiably according to the laws set by the state.

It is easy to overcome the events after the divorce if the couple do not have children yet. There would be no hassle in undergoing agreements and trials for custody and support. That’s why other couples tried to stay intact as long as they could endure it for the sake of the children. Divorce will be a difficult event for a child to accept. It may lead to emotional breakdown. Well, all of us are not perfect individuals and some would see divorce as writing their past mistakes into the right ones, that’s why they engaged in it.

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