It is important that you strictly follow the Court Order regarding allowing visitation. Harassing, intimidating, or threatening the other parent; Seeking custody simply as leverage to gain an advantage or control over the other parent; Communicating with the other parent if they have an attorney and you do not, as you should try to keep communication between your respective attorneys; and. 1. If your rights as a parent have been terminated, or are in the process of being terminated by the state, then it is important that you get into contact with an attorney immediately. Child custody rights are determined by a judge using several factors, and are always determined according to the child’s best interests standards. Law, Immigration If this is not possible, then you may need to take legal action. It is important to always remember that the child’s best interests come first. LegalMatch, Market This is sometimes called an in camera interview. Some states have guidelines that they implement to determine a fair amount of support payments, while others award support based on each specific case. File a lawsuit with the court for a custody order if the other party is violating a prior custody agreement, or if abuse is an issue; Create an out of court parenting agreement with the other parent; and. In a child custody dispute, the judge is required to conduct an interview with a child 12 years of age or older to determine the child’s wishes. An example of this would be if you are able to prove that the child’s current last name causes significant harm or embarrassment. Travis earned his J.D. Not following the Court order may result in you being held in contempt of court. Child custody rights refer to a set of rights given to a parent in divorces and legal separation. Your Family Lawyers, Present Typically, the amount of one parent’s custody will not affect the amount of child support, so long as one parent has primary custody of the child. Additionally, state laws regarding the issue vary. Law, Intellectual While battling for custody of your child or children, a judge will ask a series of questions in order to determine which arrangement is best for the child/children. (This may not be the same place you live). CUSTODY CASE WORKSHEET CUSTODY TOPICS AND QUESTION GUIDE ACTIVITIES . The attorneys are generally not permitted to share a child’s testimony in an in camera interview with the parents. The party obligated to make child support payments, the obligor, will have the money withdrawn from their work paychecks in order to ensure timely support payments for the child. If one parent has full custody of the child, then it is likely that the non custodial parent will be required to make child support payments in order to be equally responsible for their child. As many situations involving custody and child support can lead to greater disputes with serious legal consequences, an attorney can help avoid these situations as much as possible while ensuring that the child’s rights are protected. When formulating questions to ask a child, it is important that the questions be appropriate for the developmental level of the child. Each state typically has a guideline child support amount that the party that does not have primary custody of the child, the noncustodial parent, is ordered to pay the party that primarily cares for the child, the custodial parent. This interview is typically held in the judge’s private office. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. Child custody rights include legal custody, which includes making important legal decisions on behalf of their child, and physical custody. Click here, Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Rather, they (should) ask generalized questions, and follow up with more specific questions depending on the child's response. The following developmental stages address some of the developmental considerations which can be useful in planning an interview with a child The Interview … Therefore, it is important to get a court ordered child custody and support agreement in place to cover yourself if you and the other party are not agreeable to something in the future. However, if visitation was already denied, then the other parent needs to respect the court’s decision and cannot scare you into allowing visitation. In such cases, you would need to prove that changing the child’s last name would be in the child’s best interests. The Relationship of the Parents.