- Child custody comes in three types: Joint custody, sole custody and joint physical custody. Joint custody and joint physical custody are similar in that the child splits his time between parents. However, where joint custody dictates a shared right over the child, joint physical custody refers only to the child's living arrangement. In joint physical custody, one parent is the custodial parent or the one with primary legal rights over the child, while the other is the noncustodial parent. Sole custody means that one parent has full legal, and primary physical, rights over the child.
- Contrary to belief, the way to ensure loss of custody is to be an unfit parent. Mothers are not given automatic preference over the father in custody cases. The heterosexual parent is not chosen by default over a homosexual parent. Instead, each parent has the burden of proving why he or she deserves custody. The courts rule on this evidence. Preference of the child is often considered in custody cases as well as the parent's reason for wanting custody.
- Child support payments are paid by the noncustodial parent to the custodial parent for expenses accrued in caring for the child. It is neither a punishment toward the paying parent, nor is it a reward for the receiving parent. Neither parent can withhold child support in an effort to influence visitation and custody.
- Child support and custody don't always go hand in hand. A joint custody arrangement could mean that neither parent pays support or that the parent with a higher income pays the parent with the lower income. I could also mean that both parents pay. Child support is not a set payment. Instead it is configured by the courts using a formula that varies from one state to another. In addition, unless otherwise specified in the court order, child support is paid through automatic payroll deduction. States also rigorously enforce child support payments.
- Parents cannot alter agreements without a court order, unless otherwise specified by the courts. One parent cannot raise the amount of child support paid or lower the number of visits without a court order. Child support and custody cases are reviewed every few years to address changes in income, living arrangements and the child's well-being.
- The best interest of the child weighs heavily on child custody and support cases. This is why no two custody and child support cases are identical. What is in the best interest of one child and his family may not fit another. For this reason, all basic custody and support laws allow for special circumstances, which may weigh heavily on the final court order.
