A student visa that lets you study at the university of your choice is a terrific thing for you. But what happens if your studies take longer than you planned? On top of exams and term papers, you may have to worry about your student visa expiring. That’s where an immigration lawyer can be your best friend. Understanding how immigration laws work can be the first step to making sure that you keep your student visa in good standing. My blog is all about immigration issues, especially those faced by foreign students. Check out the articles for more information that you can use to complete your studies in the country you chose to study in.
Whether because of infidelity, abuse, or just irreconcilable differences, ending a marriage can be physically and emotionally traumatic. If you and your spouse have children together, ending the marital relationship can be even more stressful because your children will have to deal with different changes. In many cases, these changes will not only affect where your child lives but also how they will interact with you and your ex-spouse. Thankfully, physical and legal child support and custody agreements can reduce your and your ex-spouse's stress while maintaining some normality in your child's life. Here are a few custody and support questions to ask when going through a divorce.
Is Physical Custody Different from Legal Custody?
Most people are surprised to learn there are different types of custody. Even if you are awarded physical custody, you may not have complete legal custody rights.
If you are awarded physical custody, for instance, the children will live with you. If you have legal custody, you have the right to make all decisions pertaining to the well-being and care of your child.
It is possible to have both physical and legal custody of your child. This is known as sole custody. If you have sole custody, the other parent will need to secure visitation rights that allow them time with the children even though the parent will not be able to make any type of decisions on the child's care.
If you and your ex-spouse want the children to split time between your residence and their residence, you can set joint physical custody. Joint legal custody will involve the children splitting time between both your and your ex's residences and you both will be able to make decisions pertaining to your child's care.
What Factors Contribute to Who Gets Custody/Pays Support?
Another important question to ask your lawyer is what factors contribute to who gets custody and who pay child support.
Most people believe the mother is always awarded custody of younger children. This policy was known as the "tender years" doctrine, which stated younger children needed to be with the mother for the most effective and healthy growth and development. Today, legal professionals understand that the mother is not always the right parent to have full custody.
There are many factors that lawyers and the court system use to determine which parent should have custody and who should pay child support.
Obviously, a parent must be mentally and physically equipped to care for the children. The type of employment the parents have is also a factor, since a parent who works long hours or has to travel a lot may not be as suitable for having physical custody when compared to a parent who has a less demanding job.
In regards to child support, remember that you and your ex-spouse are both responsible for the financial well-being of your children. However, there are a few factors that help determine who the courts will designate as the person that pays child support and how much the support needs to be.
If you have physical and legal custody, your ex-spouse will most likely need to pay child support to help care for your children. The amount will depend on a few factors including the age and needs of your children.
If you and your ex-spouse share joint custody, who will pay and how much support will be paid depends on which parent brings in the larger amount of income.
Each person's case is different, so determining who gets custody, who pays support, and how much the support will be depends on a multitude of factors. If you are ending your marriage, be sure to consult a divorce attorney to fully understand how child custody and support work.
Share4 January 2019
