The Legal Basics of Child Custody and Child Support What You Should Know

1. The Legal Basics of Child Custody and Child Support: What You Should Know

2. Understanding Child Custody: Types and Terminology Child custody involves two main components: legal custody and physical custody. • Legal Custody: Refers to the right to make major decisions about the child's life, including education, health care, and religious upbringing. Legal custody can be joint (shared by both parents) or sole (one parent has full decision-making authority). • Physical Custody: Determines where the child will live. Like legal custody, physical custody can be joint, where the child spends significant time with both parents or sole, where the child resides primarily with one parent, while the other may have visitation rights. Familiarizing yourself with these terms helps in understanding court orders and legal documents. A family law attorney in Los Angeles can further explain these concepts and how they apply to your situation.

3. Navigating the Legal Process: Steps to Take in Custody and Support Cases The legal process can be daunting, but understanding the steps involved can ease the journey: • Filing a Petition: Initiate the legal process by filing a petition for custody or support. • Serving the Other Parent: The other parent must be formally notified of the proceedings. • Temporary Orders: Courts may issue temporary custody or support orders until the final decision is made. • Discovery: Both parties exchange relevant information and documents. • Negotiation or Mediation: Attempt to reach an agreement outside of court. • Trial: If no agreement is reached, the case goes to trial where a judge makes the final decision. A child custody lawyer in Los Angeles can guide you through each step, ensuring you meet all legal requirements.

4. How Child Support is Calculated: Key Factors and Guidelines Child support ensures that both parents contribute to their child's upbringing. The calculation is based on several factors: • Income of Both Parents: The combined income of both parents is a primary determinant. • Custody Arrangement: The amount of time the child spends with each parent influences support amounts. • Child’s Needs: Includes education, health care, and extracurricular activities. • Standard of Living: The child’s standard of living before the parents’ separation. State guidelines provide a framework, but deviations can occur based on unique circumstances. A child support lawyer in Los Angeles can help you understand and navigate these guidelines.

5. Modifying Custody and Support Orders: When and How to Make Changes Changes in circumstances may necessitate modifications to custody or support orders. Common reasons include: • Change in Income: Significant increase or decrease in either parent’s income. • Relocation: One parent moving to a different city or state. • Change in Child’s Needs: New educational or medical needs. To modify an order, you must file a request with the court and demonstrate a substantial change in circumstances. Consulting a Los Angeles divorce attorney can help streamline this process.

6. Enforcing Child Support Orders: Legal Recourse for Non-Payment If a parent fails to pay child support as ordered, there are legal mechanisms in place to enforce the payment. These can include wage garnishment, liens on property, and even suspension of driver's or professional licenses. In severe cases, non-payment of child support can result in contempt of court charges. It's important to work with a family law attorney in Los Angeles if you're facing issues with enforcing a child support order, as they can guide you through the legal process and take appropriate action to secure the support your child is entitled to.

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