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Children and Divorce
This category covers questions concerning the emotional effects of divorce on children, as well as the best way for parents to make the divorce easier on the kids. It also covers different family problems children and parents face when dealing with the divorce of parents, and how to deal with them.
379 Questions
The custodial parent who has had the burden of bringing up the child without the support you were meant to pay will get the funds. However if the sate has been subsidizing your child and the custodial parent when this would not have been necessary if you had payed the support you should have been paying, then the sate (taxpayer) will get the payments it is owed first.
YES, IF YOU ARE GOING THROUGH A DIVORCE, YOU NEED TO ASK FOR CUSTODY AS PART OF THE DIVORCE SETTLEMENT. THIS WOULD BE THE BEST TIME TO DO IT BECAUSE IF SOCIAL SERVICES ALREADY TOOK THE CHILDREN FROM THE MOTHER , THE JUDGE WOULD EASILY GRANT YOU CUSTODY THE CHILDREN.
Maybe you did something to him, and he won't forgive you. Or he just wants to forget his 'previous' life.
How should my children's relationship with my in-laws be after divorce?
Your kids didn't get a divorce. They should be able to continue whatever loving relationship they now have with your in-laws and you should make every effort to accomodate that....especially with grandparents. Don't punish the family or your kids. If there has never been a good relationship between your children and your X's family - handle accordingly. That doesn't mean you have to cut them off.
How do parents homeschool children in Tennessee?
you have to be a teacher to homeschool your child , you MUST have attended college for so many years under child devolpment. I ADVISE YOU IF YOU DON'T ANYTHING ABOUT IT DON'T HOMESCHOOL YOUR CHILD!
Actually for grades K-8, in Tennessee, one parent is required to stay home to do the schooling and must have a high school diploma. You are required to log an attendance record which can be downloaded and printed. You also have to submit an intent to home school paper to your local superintendent's office before a certain date. There are many resources available to help parents with schooling their children. They vary from traditional textbook style teaching to online and DVD schooling. With so many forms of help available, a parent can easily teach a subject they're not the most knowledgeable about.
Does denial of physical intimacy constitute grounds for divorce?
Does denial of physical intimacy constitute grounds for divorce?
Is there anyway to keep unfit grandparents from your children after divorce?
The Only Way Is To Call Social Services And Let Them Investigate The Matter Unless You Have Proof Of Something Bad Going On Then Call 911!!!
The above is not necessarily true. If your state has grandparents rights and they have court papers giving them their rights, then yes the above is true.
If your state does not have grandparents rights, then just don't let your kids spend time with them. As a parent, it is your decision on who your kids are around.
If your ex is taking them around these grandparents, then you must talk to him about this and try to make him see the issues. You might be able to go to court and have it in your custody papers that your ex can not take your kids around their grandparents. Your issues need to be good and can not be petty. Remember, the court looks at everything as "what is in the best interest of the child/ren".
Can an illegal alien keep their married name after a divorce?
Yes. Any person is free to maintain their married name after a divorce. That would be their choice.
Yes. Any person is free to maintain their married name after a divorce. That would be their choice.
Yes. Any person is free to maintain their married name after a divorce. That would be their choice.
Yes. Any person is free to maintain their married name after a divorce. That would be their choice.
What to discuss with a divorce solicitor?
I know that you are going through a really hard time! But you have to take a strong stance to take the right economic, legal and financial decision. This means that you need to have a strong dialogue with a divorce solicitor about property division, child custody, etc. You should ask questions like:
Is it important to take the divorce case to court?
How long will the divorce proceeding last?
Do you have the right to file a divorce?
Who is going to get child custody after divorce?
Who will be liable to pay the cost of the divorce proceedings?
Discuss the payment mode for the services provided by the legal solicitor
Is it important to have a point of contract in a divorce case?
Who will handle the divorce case? What is their credibility?
The answers to these questions might not be universal or accurate. However, when you take legal help from a reputable legal firm like Osbourne Pinner, you will get the most accurate answers to these questions. Plus, you get the transparency to know the career details of the lawyer who will be handling your divorce case. Good luck!
It's not likely, as custodial and visitation issues are based upon the welfare of the child or children. If the child or children are not placed in a dangerous, neglectful or abusive situation or are emotionally traumatized due to presence of another person, then it will not be relevant to the court. Any of the noted problems would be based on the evaluation of a trained professional (psychologist, social worker, medical doctor,etc.) not on the testimony of the other parent or other involved persons.
Are parents responsible for teen pregnancy medical bills in the State of California?
You are responsible to pay for your child's health, pregnant or not, as long as they are minors.
Equalization of assets and debts is important. In addition, if there are children, what the arrangements should be regarding them. Who will live where, whether he pays support and or alimony etc.
What is a nonviolent felon? Are you asking, Is it all right to date a felon as long as he only shows my kids how to steal? Or is the father saying he doesn't approve of your boyfriend and the only thing he has against him is a felony conviction?
The father won't get far unless he has more than merely a felony conviction.
Should a 13 year old child be forced to see their 'other' parent?
- Generally a 13 year old child should not be forced to see the other parent, but, it does depend on what has been said to the 13 year old about the parent they do not want to see. The child may have heard the mother or father or the family members talk about how bad the other parent was and as long as the mother and father have committed no crime; are not in prison; is on drugs; did not commit child abuse physically or verbally then the other parent should be able to strike up a relationship with their own child with the help of the other parent. To a child they are often torn between two parents and if the two parents would mature then they would put their child first and themselves last.
How old do you need to be not to go see you father on weekend?
Typically you can choose whether or not to undergo visitations with your parents once you are considered a legal adult at age 18. However, if there is a circumstance that makes it harmful to you to visit your father, you may be able to get permission from the judge not to visit him.
If you don't like to go there because you are bored or he leaves you home by yourself, talk to your father or your mother about the problem. If you are in danger when you visit your father's house, try talking to an adult outside of the situation, like a teacher or a school counselor and ask them to help you find out how to get out of the dangerous situation.
Are child support laws in the United States justified?
That depends on your perspective. The goal of American child support laws is to ensure that parents fulfill their obligation to provide for their children financially. Whether or not our system meets that goal is a matter of intense debate.
Critics say that the laws aren’t fair for non-custodial parents, or that the laws don’t make enough distinctions to allow for unusual circumstances. To dig into those issues, let’s look at a few child support statistics, courtesy of the CDC:
- About half of all 13.6 million custodial parents have child support agreements. Some of these agreements are informal, which means they're not legally enforced.
- About two-thirds of custodial parents receive some payments from non-custodial parents.
- However, only 43.5 percent of custodial parents receive the full amount of child support owed to them. That means a large percentage of noncustodial parents make partial payments.
- In 2015, the total amount of child support due was $33.7 billion.
Given those numbers, it might be reasonable to question whether child support laws are justified, since a hefty percentage of noncustodial parents aren't paying their due (or they're paying less than the full amount of their obligation). There are two simple conclusions: Either child support payments are set at unreasonably high levels, or noncustodial parents don't face serious legal repercussions for failing to pay.
In either case, there's something wrong with the system we use to mandate child support payments. However, there are other factors to consider.
States set child support laws, not the federal government.Here's an issue with the phrasing of the question: For the most part, states set and enforce child support laws, and those laws vary greatly from state to state.
That's not to say that there aren’t any nationwide regulations concerning child support. For example, federal law makes it illegal for parents to willfully fail to pay child support after receiving a court order, even if that parent is not living in the state where the order was charged. This gives courts the right to enforce child support laws across state lines.
Also, per 18 U.S.C. § 228(a)(2), people who owe child support cannot cross state lines or flee the country to avoid paying their past-due child support. If they do so, they face fines and prison time.
Apart from those laws, however, states are responsible for setting up their child support systems. All child support enforcement matters "must be addressed at the local or state level before concerns can be raised at the federal level," per the Department of Justice.
States generally set their child support models to one of these standards:
The Income Shares Model - This is the most common model, used by 40 states. The basic idea is that the child should receive the same proportion of the parental income that they received when the parents were together. It considers both parents' income. Therefore, if a custodial parent makes significantly more than the non-custodial parent, the non-custodial parent will pay less (and vice-versa).
The Percentage of Income Model - In this model, the support calculation looks at the noncustodial parent’s income, but not the custodial parent’s income. Seven states use this model.
The Melson Formula - The most complicated of the models, the Melson Formula incorporates several public policy judgments in order to adequately provide for the basic needs of each parent (in addition to the children's needs). Basically, it allows more money for child support as income changes. Three states (Delaware, Hawaii, and Montana) use the Melson Formula.
A paper written by Jennifer Noyes of the Institute for Research on Poverty at the University of Wisconsin-Madison noted that “"he Income Shares model is perceived to be fairer than the Percentage of Income model because it explicitly, rather than implicitly, accounts for the contributions of both parents in the calculation of child support."
However, Noyes also pointed out that shared-custody arrangements are becoming more common, and some states have revised their child support calculations to accommodate for these situations. It’s extremely difficult to calculate a perfectly "fair" payment in every case, and each of the models has issues. That’s part of the reason for the high number of non-payments in the U.S. child support system—states have a tough time figuring out fair systems that adequately protect children.
So, are American child support laws justified? Yes and no. Ultimately, child support laws make sense; it takes two parents to create a child, and both parents have an obligation to provide for their children, regardless of whether or not they have custody. However, our system could probably use some improvement, and any changes will have to occur at the state level.
Trying to prevent your ex from living his life is not in the best interest of the children. You can apply to the court to have the agreement modified, or claim that he is violating the court order, but in reality the court make strike that clause from the decree as it may be considered unreasonable depending on how much time has passed
Nothing. Not very helpful or necessarily true.
As long as you were legally divorced from your first two spouses you are free to marry again in the United States. Remember that you can only be married to one person at a time. You cannot remarry until that marriage has been dissolved legally.
Generally, you must file for custody in the state where the child resides. You do not have to be represented by an attorney in order to file a petition for custody. However, since you would be asking the court to take legal custody from someone else, you need to present your case in the best light. You need expert assistance.
Anyone who wants to gain custody of a child should be represented by an attorney who specializes in custody issues in the jurisdiction that has jurisdiction over that child. State laws and court practices vary from state to state. You need an attorney who knows the law and who is familiar with that particular court. That attorney can review the situation and explain your rights, options, and the likelihood of your gaining custody.
What legal rights does a brother have to see his half-sister in the United Kingdom?
If the brother is 18 he does not need permission to visit his half sister if she is in agreement and also over 18 years of age. If they are minors there is no legal right. In that case the child would need the help of a court order and the help of an adult to obtain it.
How do you obtain a certificate of birth of my husband's child?
A parent is the only one who can obtain a birth certificate. Your husband will have to do this.
How do you modify your divorce decree that was filed in Texas but you are now a resident of Georgia?
You should consult an attorney in your new jurisdiction so she can review the nature of the modification you are seeking and explain your options.
You should consult an attorney in your new jurisdiction so she can review the nature of the modification you are seeking and explain your options.
You should consult an attorney in your new jurisdiction so she can review the nature of the modification you are seeking and explain your options.
You should consult an attorney in your new jurisdiction so she can review the nature of the modification you are seeking and explain your options.
