Understanding child custody law: shared parenting and support

Understanding child custody law: shared parenting and support

Learn about resources to help both parents understand family law

One of the hardest things to deal with at the end of a marriage is the impact the divorce will have on any minor children. Even under the best circumstances, both the custodial and non-custodial parent need to understand their continuing responsibilities to the children they share. The legal aspects of this responsibility are defined by child custody laws in each state.

While the ethical responsibility they continue to share for their children's well-being may be clear, understanding the applicable child custody laws and the legal conditions now in play can be difficult. Keeping the children's best interests in mind, it is important to learn as much as possible about how these laws affect you and your ex. Here are a few tips to help you get information if you have agreed to a shared-parenting relationship.

1. Court of jurisdiction. The court of jurisdiction is the first resource you should consult. Child custody rights and laws vary greatly from one state to another. For example, a non-custodial parent may be able to have a warrant sworn out against a custodial parent who is not complying with court-ordered visitation. In another state, the non-custodial parent may have to file suit. The same is true for child support payments. Some courts of jurisdiction make it possible to pick up the deadbeat parent immediately, while other state laws may mean it takes months before an errant parent can be held accountable for non-payment. Know the laws that apply to your situation.
2. When moving. Keep in mind that if the custodial parent moves to another state and takes the child along, the court of jurisdiction does not automatically change custody rights to that state. It can be shifted at the request and with the approval of both parents. So even if the child support arrangements were set up in Massachusetts and the custodial parent is now a resident of Florida, Massachusetts family law still holds sway.
3. Seek support. Accessing the child custody laws that apply is just your first step. If you are having trouble understanding the legal language of the laws, several support groups can help you get a better grasp. The Children's Rights Council has a presence in every state in the country. Often, attorneys donate time to help CRC members understand their rights and responsibilities as parents. There are also single mother and single father parenting support groups available.
4. Internet. Use the Internet to find out more about how the child custody laws in the state of jurisdiction have been applied in the past. This can give you an idea of what could happen under similar circumstances, as well as some ideas about what type of recourse you may need to consider if your former spouse is not complying with the legal custody and visitation program established by the court.
5. Whatever you don't understand, ask. You never know when some fine point of law may become very relevant to your continued relationship with your child. You may have to do some digging to find these examples, but your time will be well worth it. Keep in mind that ignorance of a particular law or statute is never a valid legal defense.

Hopefully, both parents can work together to make sure their children are loved and properly taken care of, even if they can no longer live under the same roof. Many divorced couples do manage to make the situation work. Knowing your legal rights and obligations is essential.