When parents separate, one of the primary sources of disagreement is child custody. Both parents may want custody of the child. One parent may actually want the child to live with them, while the other parent may want to keep a child simply to avoid paying child support or to collect child support. Abusive partners may try to leverage child custody to continue abusing a former partner.

As all of these possibilities make clear, there are many reasons that parents might disagree about the custody of a child. Sometimes, these disagreements are due to sincere disagreements about what will be best for the child, but in many instances, they lose sight of the child’s interests. A Fort Mitchell child custody lawyer at Busald Funk Zevely can help parents focus on their children and come to an amicable agreement. When that is not possible, our skilled family attorneys can fight for you—and your children—to get the best possible outcome.

Who Gets Custody of a Child in Fort Mitchell?

Many people believe that there is a maternal presumption in custody disputes. That is not true. Nothing in the law dictates that mothers should get primary custody of their children. Instead, the standard is in the child’s best interests. Assuming both parents are safe, capable, and loving, the court should try to ensure that parents have equal access to and possession of the kids.

When parents live close to each other, the courts will try to split custody 50-50. For many families, that 50-50 arrangement looks like kids spending alternating weeks with children. While this arrangement is the fairest one for parents, it is not always possible. Additionally, it is not always the best arrangement for the child. Courts can consider different solutions to balance out the parents’ access to the children and the child’s best interests.

Understanding Joint and Sole Custody

The Commonwealth recognizes multiple types of custody arrangements, but the primary two are joint and sole. Custody is not the same thing as possession. Parents can have joint custody even when one has primary possession. Instead of referring to physical possession or access, joint custody means that both parents have the right and the responsibility to make decisions for the children. Generally, this decision-making ability depends on who has possession of the child, but the parents need to agree on major decisions.

When one parent has sole custody, they are the decision-maker for the child. They get to determine where the child will live, as well as other factors. The court can place limitations on that right, such as dictating that a parent stay in the state unless they can provide evidence that leaving the state would be beneficial to children.

The Relationship Between Custody and Child Support

The goal of child support is to meet the child’s best interests and to disrupt the child’s life—and lifestyle—as little as possible after a parental breakup. When parents share custody, neither one may be responsible for child support. However, in many instances, a parent will have to pay child support to the other parent, even if they share custody and the child spends equal time in each household.

Child support helps provide support for children in the home. Even if the child is only in that home half of the time, they should have access to anything that can help them feel safer and more secure.

A parent cannot withhold visitation if the other parent does not pay child support. Child support is not a payment for access to the child. However, failing to pay that support can result in being held in contempt of court, as well as other potential charges. A seasoned child custody lawyer in Fort Mitchell could explain these and other applicable laws in further detail during an initial consultation.

Speak to a Fort Mitchell Child Custody Attorney at Our Firm

Custody battles can get contentious. When two parents genuinely have the child’s best interests in mind, disputes can often be resolved amicably. When they do not, you need a Fort Mitchell child custody lawyer who is not afraid to fight for you and your child.

Schedule a free consultation today to talk to an attorney at Busald Funk Zevely. They can review the facts of your case and go over different options and approaches. One invaluable thing our lawyers can do is advise you on whether there are steps you can take to help ensure a more favorable custody outcome. Taking care of those steps before a custody battle can save you time and money once you begin the process.

Busald Funk Zevely PSC

Busald Funk Zevely PSC
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