Child Custody
Child custody is often the most difficult aspect of divorce. When dealing with such an emotionally charged issue, you need an understanding attorney who knows family law. There are two types of custody; legal custody and physical custody. Legal custody involves the parents' rights to make decisions regarding the health, education and welfare of the child. Physical custody determines which parent has the actual physical right to be with the child.
Unless there are unusual circumstances, most parents share joint legal custody. Physical custody can also be joint between the parents or one parent can have sole physical custody and the other parent will have visitation rights set up in a parenting time schedule. Our firm has experience creating reasonable, practicable custody and parenting time plans that support the children's best interests. Walling & Foster works with parents who have problems involving:
- Contested child custody issues
- Parenting time schedules
- Non-custodial parenting rights
- Paternity issues
If you are facing problems with child custody issues, contact Walling & Foster, P.C. to speak with a qualified family law attorney for a free consultation.
Child Support
The Michigan Child Support Formula determines the amount of child support to be paid to a parent. A custodial parent may receive child support for a child until the child reaches the age of 18 years or graduates from high school (whichever is later). However support cannot be received by the custodial parent if a child is beyond the age of 19 years and 6 months.
The child support formula provides an objective basis for determination of the amount of support to be paid. The amount of support depends on many factors, but is centered on the needs of the children and their parents' ability to pay. Other factors such as income, earning ability, education, day care and medical expenses are all taken into consideration in determining child support. Certain circumstances may change that may require a modification in child support. For example:
- The children may now spend more time with the other parent
- Child support has not been reviewed for many years
- There may be an appreciable difference in the amount of income earned by a parent
- Loss of job for a parent
- Children may reach age 18 or graduate from high school, and an adjustment to child support is needed for the remaining minor children
- Large medical expenses for a child or the need for special education
An attorney can help you negotiate these changes. Some require the filing of a motion and perhaps a recommendation by the Friend of the Court to resolve these issues. Contact Walling & Foster, P.C. to speak with an understanding and qualified attorney for a free consultation.
