Custody and Support of Children

Question 1

child custody

Answer 1

best interest of the child standard
- may include child’s preference, parent’s religious faith, and any other factor that is relevant to the child

Question 2

custody types

Answer 2

1. Physical custody: the right of the parent to have a child live with them
2. Legal custody: the power of the parent to make important decisions concerning the child

Question 3

custody arrangements

Answer 3

• joint custody
• sole custody

Question 4

modifications of child custody

Answer 4

• there must be a substantial change of circumstances
• generally, this change must have been unforeseen @ time of initial judgment

Question 5

child support

Answer 5

federal legislation requires all states to employ numerical child support guidelines and establish a rebuttable presumption that the resulting award is correct
- the guidelines must be applied in all cases, regardless of parents’ marital status

Question 6

modification of child support

Answer 6

NOTE: federal law prohibits the retroactive modification of child support

there must be a substantial change in circumstances
- Involuntary reduction in income warrants relief
- voluntary reduction in income: two views
1. refusal to modify
2. mutli-factor test that includes whether the party acted in good faith