Custody

  • What is the difference between physical and legal custody?
    • Physical custody focuses on where the child's primary residence is. Legal custody focuses on important decisions about a child's life, including education, medical care, and religion. Both kinds of custody can be sole or joint.
  • How do courts make physical custody decisions?
    • In most cases, the courts must consider 13 factors related to a child's best interests. If the case involves modification of an existing court order, the court often is required to consider child endangerment, too.
  • How is parental access decided?
    • It is best if the parents can work this out utilizing available research and experts on what schedules are best for children.
  • Have the child support laws changed?
    • In the past, the court used a percentage based upon the payer's net income for determining child support. Now, the courts use a much more complex computer based calculation that takes into account both parents' gross incomes and actual daycare and medical/dental costs, as well as obligations for other children.