What Are My Rights As A Parent With Joint Custody?

Why do I pay child support with 50 50 custody?

Child Support in 50/50 Custody Arrangements A court can consider the income and earning potential of both parents and order the spouse with the higher income to pay child support.

If that parent earns significantly more than the other parent, it may be necessary to require that parent to pitch in more, financially..

How hard is it for a dad to get joint custody?

For a father, custody can be difficult to win, even though the courts do not discriminate against dads. Whether you are a father going for full custody or joint custody, you should be prepared for a difficult child custody battle, especially if the child’s other parent is also filing for custody.

Can a mother legally keep her child away from the father?

The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. This question often comes up in the following situations. … The parents have an existing court order, and a parent is violating the court order by interfering with the other parent’s parenting time.

What are the disadvantages of joint custody?

The disadvantages include the fact that the child is often in a state of limbo, constantly going back and forth between the parents’ houses and can feel alienated and confused. In addition, often it becomes very hard for parents to maintain two homes for the child’s need.

At what age can a child decide if they want to visit the other parent?

Until the child turns 18, the decision is made by the parents or the court. Having said that, the Family Law Act says that the court must take the child’s wishes into account, and the older the child is, the more weight the court will give to the child’s wishes.

Can I stop my ex’s new girlfriend from seeing my child?

1) As mentioned already, your current parenting plan, parenting time/custody order, or divorce decree prohibits your ex’s partner from being around the kids and/or babysitting. If that’s the case, having the ex’s girlfriend/boyfriend around the kids or babysit would be a violation of your current court order.

What should you not do during custody battle?

9 Things to Avoid During Your Custody BattleAVOID VERBAL ALTERCATIONS WITH EX-SPOUSE AND/OR CHILDREN. … AVOID PHYSICAL CONFRONTATION WITH EX-SPOUSE AND/OR CHILDREN. … AVOID EXPOSING YOUR CHILDREN TO NEW PARTNERS. … AVOID CRITICIZING THE OTHER PARENT TO LEGAL PARTIES, FAMILY, OR FRIENDS. … AVOID NEGLECTING CHILD SUPPORT PAYMENTS AND/OR AGREED UPON PARENTAL RESPONSIBILITIES.More items…•

Why would a judge deny joint custody?

Some of the reasons for custody denial include situations where there is: Child abuse, sexual abuse, or neglect. Child abandonment. Failure to prove you’re the primary caretaker.

What happens if one parent doesn’t want custody?

If you do not want child custody, the other parent will typically have sole custody of the child. If the child was conceived out of wedlock and you don’t make a claim to the child or fight for custody, then this arrangement is often the default arrangement.

Does the father pay child support if he has joint custody?

Yes. Joint custody doesn’t negate a child support obligation. Even if both parents share custody on an equal basis, one parent will inevitably owe some amount in child support. … So even if the child spends equal time with each parent, the parent with the higher income will owe child support.

Do dads usually get 50 50 custody?

Dads are not automatically entitled 50-50 custody, or any custody order for that matter. Likewise, there is nothing in the family code that automatically grants custody to fathers solely on the basis that they are the dad. The standard the court uses during a divorce is the best interest of the child.

What do you do when joint custody isn’t working?

If joint parenting is not working, you need to file a motion to terminate the joint parenting. You will most likely be sent to mediation.

What age can a child make a decision on which parent to live with?

If the child is under 12 years of age, shifting to live with the other parent might be a little hard but not impossible if they provide legitimate reasons. When the child is 14 years of age or over, it becomes an offense for anybody to compel them.

What can stop a father from getting joint custody?

The situations that could prevent a parent from gaining shared legal custody are similar to the situations that could prevent them from gaining shared physical custody.Ongoing drug or alcohol abuse.Child abuse or neglect.Domestic violence.Mental health issues.Jail time.Relocation.

Do I have to pay child support if I have joint custody of my child in Texas?

Child support is still paid when parents have joint custody in Texas in most situations. … Generally, in most joint managing conservatorship cases one parent is named the primary conservator who has the right to determine the primary residence of the child, and the other parent has visitation.

Can joint custody lower child support?

If you share custody of your children, it does not mean that no child support is needed. If you share custody, the rules for calculating child support are a bit different. You need to consider the amount in the tables that each of you would pay for those children if the other parent had sole custody.

What does the judge look for in a child custody case?

Judges must decide custody based on “the best interests of the child.” The “best interests of the child” law requires courts to focus on the child’s needs and not the parent’s needs. The law requires courts to give custody to the parent who can meet the child’s needs best .