Child Custody Visitation and Child Support Icebreaker What
Child Custody, Visitation and Child Support
Icebreaker What are some important factors to consider when determining custody, visitation and child
Words & Terms to know ● Divorce ● Separation ● Kinship ● Custody ● Child support ● Visitation ● “ Best interest of child ” • Guardian • Poverty • Custodial • Non-Custodial • Health • Safety • Welfare
Pt. I Introduction to Custody, Visitation, and Child Support
Defining Custodial Relationships Legal Custody Refers to a parent’s authority to make major decisions on behalf of the child. Physical Custody Refers to a parent’s right to have a child reside with him or her and the obligation of the parent to provide for routine daily care of child.
Custody ● ● ● The care and keeping of something or someone such as a child. ● Noncustodial parents are given visitation rights Custody can be temporary or permanent and is unlikely to change once its awarded Parents with custody decides most aspects of the child’s life such as their living arrangements and school. ● Joint custody ● A custody arrangement in which devoiced and or separated parents have equal rights in making important decisions concerning their children ● Joint custody is unlikely to be awarded unless both parents or guardians can demonstrate the ability to work well together ● Kinship ● Placement of a vulnerable youth in continuous care and supervision of relatives who are not his or her parents directed by social services or other child care and welfare agencies. ● In many states laws have been passed for grandparents to petition for visitation rights if the child’s parents will not voluntarily grant visitation to them ● Supreme court expressed that, granting visitation rights would determine a parent’s fundamental interest in the care, custody, and control of his or her children.
Custody ● Federal Parental Kidnapping Prevention Act ● Prevents parents who abduct their children from getting new custody orders in different states. ● This act also provides resources to help custodial parents locate their missing children.
How is Custody Determined? Child’s preferences Natural parent presumptio Parents’ Child’s adjustment to preferences home/school/community “Best Interests of the Child” HEALTH OF INDIVIDUALS INVOLVED Status
How Custody is NOT Determined ✗ ✗ ✗ Paternal/maternal presumption Cohabitation Careers Gay and Lesbian Parents Parental conduct not affecting child
Child Custody Modification ● Once custody is determined, courts generally value stability. ● Custody is usually modified only upon a showing of: 1. substantial change in circumstances 2. modification would serve child’s best interests 3. present environment endangers child’s health 4. harm to child caused by modification outweighed by benefits
Relocation ● If one parent has sole custody and wants to move out of state with the child, he or she can generally do so ● If parents share joint custody, the parent seeking relocation must file a petition showing that the move is in the best interests of the child
Visitation Uniform Marriage Divorce Act Section 407(a): “a parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child’s physical, mental, moral or emotional health. ”
Standards for Denying or Limiting Visitation ✓ abuse/neglect ✓ alcohol/substance abuse ✓ child abduction ✗ cohabitation ✗ withholding child support ✗ parent who is gay or lesbian
What is Income for Purposes of Child Support? Usually ‘income from any source’ including: � wage and salary � interest, dividends and royalties � self-employment income � retirement, benefits, trust income
Example: Income Shares Model ● Dad makes $6, 000 a month ● Mom makes $4, 000 a month ● State mandates that the child support amount for $10 K monthly income is $1 K ● Dad owes $600 in child support ● Mom owes $400 in child support ● Mom is custodial parent ● Dad would just pay Mom difference ($200/monthly) in child support
Example: Percentage of Income Model ● Mom makes $5, 000 monthly ● State mandates that people who have two children and make $5 K monthly must pay 20% in child support ● Dad has primary custody ● Mom owes dad $1 K monthly
Consequences of Failure to Pay Child Support ● Federal crime ● Contempt of court ● State laws against criminal nonsupport ● Inception of tax refund ● Wage garnishment ● Driver’s license suspension ● Occupational license suspension ● Seizing awards ● Credit bureau reporting ● Publication of a “Most Wanted” list of “Deadbeat obligors” ● Etc. !
Pt. II Scenarios & Small Group Discussions
Scenario #1 Kim and Kanye are parents of baby North. In a custody hearing, the judge granted custody to Kim. The judge said “everybody knows that mothers are better at taking care of children than fathers. Mothers are more loving, caring and kind and they should always get primary physical custody. ” Is there anything wrong with the
Scenario #2 Kail and Joe are parents of Isaac. Kail and Joe had a parenting plan and a schedule for child support payments and everything seemed to be going fine. However, a few months ago they got into a fight and Joe stopped making child support payments. As a result, Kail has refused to let Joe see Isaac until he pays child support. Did Kail (legally) do the right thing?
Scenario #3 Beyoncé and Jay-Z are parents of Blue Ivy. Jay and Bey live in an income shares model state. Beyoncé makes $6 million monthly. Jay-Z makes $4 million monthly. The state mandates that the child support amount for $10 M monthly income is $2 M. Jay-Z has primary custody of Blue Ivy. How much does Beyoncé owe Jay-Z in child support?
Scenario #4 Justin and Selena are parents of baby Jelena. Selena has sole custody of baby Jelena and Justin has visitation every other weekend. Tired of being hounded by the paparazzi, Selena decides to move to Washington with the baby so that Jelena can have a normal childhood. Justin doesn’t want Selena to move to a different state, it makes him uncomfortable. He files a motion to block the relocation. Will Justin succeed on his motion?
Scenario #5 Angelina and Brad have six kids (!!). They have been secretly separated for a number of years, and they have finally decided to get a divorce. During their separation, the kids lived primarily with Angelina. However, Brad insists he should get primary custody of the children. If he can’t get custody of all of the kids, he is willing to settle for custody of his three favorite kids and let Angelina have the other three. What are some of the issues here?
Scenario #6 David is a professional soccer player and makes an annual salary of $18 million annually. He and his wife, Victoria, are in the process of getting a divorce. Angry at the prospect of paying a huge chunk of his salary to Victoria as child support, David decides to quit his job as a professional athlete and drop all of his endorsement deals. Can Victoria do anything to get the child support she is owed?
Child Support
Purpose of child support? ● Meet child’s subsistence or minimal level needs ● This view has been universally rejected ● Support the child consistent with a standard of living based on the incomes of the parents ● Underlying assumption of all guideline models
Duty to support children ● The court may require either or both parents to pay support in accordance with the guidelines, whether the child is born in or outside of marriage ● Every child support order must contain a provision for health insurance for the child when insurance is reasonably available ● The cost of health care coverage and uncovered expenses is apportioned between the parents based on a ratio of incomes ● Parent cannot bargain away a child’s right to support
When does that duty end? ● Support typically ends at the age of majority (18) ● A court may order child support beyond the age of majority if the person is dependent in fact, is between the ages of 18 and 19, and is still in high school performing in good faith with a reasonable expectation of graduation before the age of 19 ● If there is a reasonable expectation of graduation within a short time period after a child's 19 th birthday, child support may be ordered beyond age 19
What about college expenses? ● The court cannot order a parent to finance a child's college education. Grapin v. Grapin, 450 so. 2 d 853 (fla. 1984) ● But parties may contract in their marital settlement agreements to provide for college education or other support beyond majority ● These contracts are enforceable by the court. Finn v. Finn, 312 so. 2 d 726 (fla. 1975), mcilmoil v. Mcilmoil, 784 so. 2 d 557 (fla. 1 st DCA 2001)
Guideline Models ● Income Shares ● Percentage of Income ● Melson (Delaware) ● Cassetty
Historical standard for child support ● Meet the needs of the child ● Within the parents’ ability to pay ● Many states and local courts had informal guidelines or “rules of thumb” that were not mandatory or presumptive
Comparison of the four models ● Income shares guidelines tend to depress child support levels at high incomes and increase it at very low incomes ● Melson tends to increase child support at high incomes, but reduce it at very low incomes ● Cassetty increases support at moderate and high incomes ● Fixed percentage tends to increase child support at high incomes, unless the guideline has a cap
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