What Are the Few Things You Will Need to Know About Child Custody in a Separation


  • Author Grant Gisondo
  • Published December 4, 2020
  • Word count 573

Every state has its own set of guidelines for the care and nurturing of minor children following a divorce or separation. A minor child is usually defined as a child from birth to age l8. However, if there are circumstances such as mental or physical problems that will hinder a child from becoming self-supporting, and the child is legally qualified to be termed disabled, the child will continue to require child support as long as the disabled qualification exists.

Additionally, it is important to understand how your state views a minor child's care and nurturing. Some states still have the long-used practice of primary and secondary custody and term the care of minor children child custody. More and more states, however, including Florida, are only using the term child custody if one or both parents are incarcerated, have been indicted for child abuse or domestic violence, have mental or physical problems disallowing appropriate care for a minor child, and or have a severe alcohol or drug abuse problem. Unless one of these issues is present, the term shared parenting, or parental timesharing is used. In this instance, there are several things to know:

• The time a minor child spends with each parent, including overnights, is divided as equally as possible. Sometimes weeks are divided, sometimes months. Often each parent gets the child on certain weekdays and then every other weekend.

• Such times as holidays, birthdays, and school vacations are again divided as equally as possible. A calendar is set up with who gets who when. Sometimes dates or possession remain the same; just each parent gets those dates every other year.

• How taxes, including child credits and dependent claiming, will be determined. Again, it is often set up, so parents receive the tax credit and dependent claim every other year.

• All major decision making will be shared by both parents discussing and making decisions together. This will include all issues in education, medical, discipline, religion, or spiritual. This particular area is a thorny one, as so many couples are separated as enemies. However, the courts expect the parents to "grow up" and raise their children together.

• A parenting plan will be drawn up listing and explaining all issues related to their children's care and nurturing. Such issues as who will care for the child should the parent whose day it is cannot, how will child and parent and parent and parent communicate, i.e., phone, text, email, how will extracurricular activities be handled and who pays for what, how are clothing, school supplies, etc. bought and paid for, where and when will pick-up and drop-off of the child take place, and what are the rules for distance traveling with the child.

• Following the parenting plan and all orders associated with shared parenting are enforceable by law. Should a parent choose not to follow the orders, he or she can be held in contempt of court with possible fines or even some jail time in extreme circumstances.

• Child support, if required, will be set.

Again, be sure to check the Family Court Laws in your state to know the exact rules and guidelines the courts will follow for minor children when there will be a separation. You can go online and read your state's Statutes regarding the issues discussed here to learn the correct legal facts and expectations in detail.

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Please visit https://gisondolaw.com/areas-of-law/

The Law offices of Grant J. Gisondo. P.A. is a family law firm in Palm Beach Gardens, FL specialized in divorce, child and spousal support, child custody, Prenuptial Agreements, Bankruptcy, Chapters 7 And 13, Postnuptial Agreements and more. Call us for a consultation at (561) 530-4568.

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