Many people associate family law with divorce, and while it is true that this area of the law does encompass divorce, it also covers a wide range of other topics, including but not limited to child support, spousal maintenance, and property division. Resolving these types of issues can be complicated, especially when children are involved, so if you are grappling with child support or custody-related problems, or are interested in drafting a prenuptial or postnuptial agreement, you should strongly consider speaking with an experienced Louisville, OH family law attorney who can ensure that your rights and interests are protected.
One of the most emotionally taxing legal issues that many families face is how parental rights and responsibilities will be divided between two parents. While this situation arises most often during divorce proceedings, it is also not uncommon for parents who were never married to require legal assistance when it comes to creating a parenting plan.
In Illinois, courts presume that shared parenting is usually in a child’s best interests. However, they are still only willing to grant shared parenting, in which both parents at least have an equal say in parental decision making, and often equal access to the child, when one or both parties request it. Otherwise, a court will step in and name one parent as the sole legal custodial and residential parent, which means that he or she will be primarily responsible for making parental decisions and will also be responsible for making a permanent home for the child. In these cases, the child’s other parent will be granted visitation.
Whether the court chooses this option or creates a different type of parenting plan depends on the specific circumstances of the case, including the child’s adjustment to his or her school or community, each parent’s financial situation, the mental and physical health of all parties, the proximity of the parties’ residences, and the parents’ ability to encourage contact between the child and the other parent.
In the event that one parent is granted primary residential custody during divorce, the other will usually be required to help financially support the child by sending regular child support payments. How much that party is required to pay is dictated by specific guidelines, which take into account a number of factors, including the parties’ combined gross income, the average cost of raising a child in the area, the cost of medical insurance and child care, and the number of children that must be supported. Once these costs have been accounted for, the non-custodial parent’s child support obligation will be determined based on the percentages of each person’s income. These orders can be changed at a later date if the child starts spending more time with the paying parent, one of the parties loses his or her job, or another substantial change in circumstances occurs.
To speak with an experienced Louisville, OH family lawyer about child support, parenting time, alimony, or divorce, please call Fout Law at 330-437-7455 or send us an online message today.
Family law issues can be difficult to resolve, especially for those without legal representation, so if you are dealing with child custody issues, problems with child support, or are trying to decide how parenting time will be divided, you should contact a family law attorney who can assist you.