Child custody: Parental Rights & Obligations

idlawMost family court cases are mostly related to child custody. When proceedings are underway both parties can be distrustful of the other. Making both parties extremely concerned of their child’s safety, education and wellbeing. Judges will always look to provide custody to the parent who will provide the child the most stable and safe home environment. Here are the most important parental rights and obligations that arise in a child custody case.

Assigning legal and physical custody – In most cases the court will assign legal and physical custody to one parent. The other parent will most often be able to spend time with the child on weekends, summers and alternating holidays. Most often both parents will have equal say on major decisions affecting the child.

Financial support – Both parents have a legal duty to provide financial support to their child. The amount of support will be discussed and agreed upon the custody hearing. Child support will take into account the incomes of both parents, the cost of health insurance for the child and support paid for other children by the non-custodial parent etc.

Modifications – Most custody and support orders are often modified. To alter a child’s visitation schedule or the amount of child support offered, will require the requesting party to show that their circumstances have changed. For example, change of income, moving overseas etc.

Other issues – Family law can also include cases involving disapproving of paternity, termination of parental rights, adoption, gay and LGBT relations and grandparent rights.