If a child has not lived in any state for six consecutive months, their home state is defined as the state with significant connections to the child and at least one of the parents as well as substantial evidence regarding the child's care. The UCCJEA dictates that child custody litigation pertaining to a particular child will occur in that child's home state, defined as the place where they have lived for six consecutive months prior to the litigation. Every state except Massachusetts has adopted the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"). The parents should keep copies of this document for themselves to refer to in case of dispute, misunderstanding, or a desire to create a written alteration of the agreement.Ĭhild custody and support are matters of both state and federal law. The Agreement can remain an informal agreement between the parents or the parents can choose to file the document with the court if this is desired or required by a pre-existing court order. Once the parents finish creating the Child Custody Agreement, they can elect to have their own attorneys review the document and then sign, either in front of their attorneys or witnesses and a notary. However, judges generally approve any reasonable support agreement and are willing to give the benefit of the doubt to two parents who have worked together to create a child support agreement. The caveat is that a judge has the final say regarding child support. However, parents can elect to come up with their own agreement regarding child support without using the calculation. A number of child support calculators can be found online. Child support is generally based on a calculation that weighs the amount of time each parent will spend with the child and the parents' respective incomes and assets. The document then goes on to cover additional important details of child-rearing, including transportation to and from scheduled visitation, health insurance coverage,įinally, the document gives the parents the option to incorporate an existing child support agreement or to create a new child support agreement. However, this document gives the parents the option to assign one parent sole legal custody, for example, if the children will spend the overwhelming majority of time living with that parent. Generally, parents elect to have joint legal custody of their children, with both parents sharing this decision-making responsibility.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |