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What to know about Child Support?

Often, courts must determine where children will live when their parents separate or divorce. The laws on child custody serve as a guide for judges when they must make these crucial decisions. The process of determining who gets custody influences the support of children and other financial obligations. Lawyers specialised in family law with experience in child custody can help their clients negotiate a parental agreement or engage in legal proceedings. There are two types of children custody:

Legal custody refers to the legal capacity of parents to make important decisions on behalf of their children on issues such as education, religion, extracurricular activities, and medical care. Unless a parent is abusive or is not prepared to live with their children for some other reason, the courts grant this right to both parents. This is called “shared legal custody.”

Physical custody refers to the place of residence of the children and the time they spend with each parent. This is usually the cause of disputes regarding custody. When physical custody is granted to only one parent, this means that the child resides with that parent and spends most of the time with that parent. Shared physical custody is another way, in which both parents are assigned the same amount of time to spend with their children.

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Child Matters

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EVALUATIONS REGARDING CUSTODY OF CHILDREN

Many family law courts order a third party appointed by the court to make an assessment regarding the custody of children. As part of the evaluation, this person interviews each parent with and without the children present. If more people reside in the home, they can also be interviewed. The evaluator can also interview other people who have regular contact with the child, such as other family members, teachers, counsellors and doctors.

The child custody evaluator may also request information and additional documents. All this work is done so that the evaluator can make an independent decision regarding the best interests of the child. The judge can give great weight to the evaluator of child custody, so many people who go through this process choose to hire the services of a specialist in child custody lawyer. The lawyers provide advice on what to talk about during the evaluation process and what information to provide to the evaluator.

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CHILD SUPPORT AGREEMENTS

If the court must determine the custody of children, in most cases it will apply the “best interests of the child” standard. This standard allows evaluating both parents and the child to determine if there are factors that would make the child prefer to spend more time with one parent than another. Contact us today for more information on how you can succeed at this process.

A child support agreement is a legally enforceable financial agreement that in some cases can only be changed by future agreements. It is recommendable to look for legal advice from truly committed professionals that work on the most suitable strategy for your specific case.

  • Limited child support agreement
    This type of agreement is a written agreement signed by both parents and it states the specific amount, frequency and method of child support payments. There must be an administrative assessment in place to enforce a limited child support agreement.
  • Binding child support agreement
    This type of agreement is signed by both parents as well but the main difference it has with the limited chid support agreement is that this type of agreement can be made and accepted even if the child support assessment has not taken place yet.
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PARENTING ARRANGEMENTS

Parenting arrangements for children depend on each family. Parenting orders and arrangements are those that state the specific duties and responsibilities of each parent in regard to their relationship with the children, these types of arrangement may include:

  • Where the children live
  • Anything related to schooling and childcare
  • Financial support for the children
  • Any other type of issue that may affect children’s proper growing and living

The law recognises that every family is different and has unique needs, however, it is important to work on children’s best interests and find the most suitable arrangement for them.

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WHEN DO I NEED LEGAL ADVICE ON CHILDREN’S MATTERS?

  • If you or your children are at risk in your current relationship.
  • You disagree about what are your child’s best interests.
  • You are going to court for other judicial procedures such as getting a parenting order.

If the court must determine the custody of children, in most cases it will apply the “best interests of the child” standard. This standard allows evaluating both parents and the child to determine if there are factors that would make the child prefer to spend more time with one parent than another. Contact us today for more information on how you can succeed at this process.

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At Melbourne Family Lawyers Co, we will provide you with top legal representation so you are able to spend time with them, prevent improvised relocations, and avoid financial affections due to property settlements and goods distribution.