When you and your spouse separate, you get to decide what happens with your children. Usually, the best solution is for the parents to work out an agreement between themselves about who will take care of them. You can have your parenting plan become a court order if you have your plan approved by a judge. Typically, a judge will agree to a plan created by both parents. A parenting plan is a good choice because you and your children will know what to expect with parenting after divorce, which will lead to fewer conflicts about shared parenting time. A parenting plan, also called a “custody and visitation agreement, is a written plan which covers:
- Time-share: the schedule for when the children will be with each parent
- Decision making: how the parents will make important decisions in the child’s life regarding health care, education, and general welfare of the children.
When creating a parenting plan, you should take into account your child’s most basic needs, including protection, guidance, love, medical care, rest, and general health. In addition, consider your children’s ages and personalities. Every child is different and has different needs, and it important that you adjust your plan to your work for your children, and not your children to fit your plan. It is also important that you include regular, consistent times for your child to spend time with each parent. Your plan should ensure that both parents have access to information about the children, both parents can call the children, and both parents can spend time with the child (expect in cases of abuse or violence.)
If both parents cannot agree on custody or visitation, they can go to court to have a judge make the decision for them. Before any trial involving child custody or visitation, the parents are required to meet with a trained counselor hired by the court. The counselor will help reach an agreement between the parents. Depending on the nature of the custody dispute, the judge may order a psychological evaluation of the family as well, and can represent an attorney to represent the children.
After divorce, both parents are responsible for supporting their children until they are over the age 18. This obligation can continue past the age of 18 in certain situations, for instance if the child has certain physical or mental health conditions. Because both parents are responsible for supporting their children, one parent (the noncustodial parent) will make child support payments to the custodial parent.
Child support is for the purpose of providing food, clothing, medical care, and education for the child. Child support may be requested by either parent, or by the person that has legal or physical custody of the child. In addition to child support payments parents may be required to pay other expenses for the children such as child care, medical care, or travel between households. Child support payments are not reported as income for federal and state tax purposes, and the paying parent is not entitled to a tax deduction.
