As we know already custody happens on multiple levels. You have legal custody which is sole or joint and you have physical custody which is either sole or shared. Legal custody only affects decision making on issues of health, education and welfare of the child. Physical custody is sole until such time as the non custodial parent has 128 overnights each year when the child is with them. At this point the custody is shared and the child support is thrown into a different mathematical formula for determining the amount to be paid by the non custodial spouse. The effect can be significant in reducing the child support payment. Many people fight in court for the 128. Generally, you can get the 128 with the following visitation schedule. Friday thru Monday morning and two over nights each week. Not easy to do when kids are in school. If that is your situation, then try to pick up the time on school breaks, holidays and during the summer. A major factor the court will look at on this issue is the ability of the parties to communicate. The court looks at the history of communication both before and after the separation.
Copy Right 2007 Your Maryland Lawyer and Maryland Divorce Lawyer
Saturday, July 14, 2007
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1 comment:
I was completely unaware of the technicality of it all in terms of child custody and child support. I am not divorced, but I work for www.firstwivesworld.com, it is an online community for women navigating through the various stages of divorce. I therefore spend a lot of time reading up on the subject. I have read many articles, blogs, and comments by our members and experts on the topics of child custody and support. To read this article makes me understand all the more what they are going through and why it is so tough. Just my two cents.
Ann Marie
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