Child Custody
The legal issues are usually straight forward. There are two types of child custody recognized by
the family law system: legal custody and physical custody. Legal custody determines who will
make the major decisions that will affect the child's health, education, welfare, and more.
Physical custody determines where and with whom the child will spend his/her time. Joint
physical custody is typically arranged so that one parent has primary, or custodial, custody of the
child and the other parent has child visitation rights. Child visitation guidelines are set forth when
joint physical custody is awarded.
Visitation/Parenting Time Divisions
Child visitation guidelines can be determined in a few different ways. A family law judge will
always have final discretion over child visitation guidelines. Regardless of how child visitation
guidelines are created, they will only be approved if they serve the best interests of the children
involved. The child's welfare will always take precedence over the wants and needs of the parents
and others when determining child visitation guidelines.
Child visitation guidelines can be determined through a process called Mediation. During
mediation, the parents will meet with a neutral third party mediator (either together or separately)
who has special training in assisting parents with child visitation guidelines. The purpose of
mediations is to allow both parents to create a mutually acceptable set of child visitation guidelines
without going to court.
If child visitation guidelines cannot be created through the mediation process, the court will
intercede to make a decision. When the court develops child visitation guidelines it does so to meet
the needs of the children involved. In cases where joint custody has been awarded, the court feels
that it is in the best interest of the child that both parents play a significant role in the child's life.
Child visitation guidelines may also grant visitation rights to other adults like grandparents or step-
parents. All 50 states have “grandparent visitation” laws whereby grandparents can petition the
court to grant them the legal right to maintain their relationship with their grandchildren upon
divorce. Child visitation guidelines will determine the time a grandparent can spend with their
grandchildren as set forth by the family court.
Child visitation guidelines are legally binding and all parties have a responsibility to uphold the
terms of child visitation.
Child Support
During a marriage or committed relationship, financial support for your children is rarely a
concern for the court. But when parents divorce or cease to live together with their children as a
family, the courts are usually required to establish by decree the amount of child support a non-
custodial parent must pay. Child support can be determined through agreement by the parents or
mediation. If an agreement cannot be reached, this important issues will be determined by a
judge. Child support payments, like alimony, may be incorporated into the divorce judgment or
may be provided for in a marital separation agreement.
You can avoid making child support a contested issue, and avoid the legal expense of litigating this
issue before the court, by both parents agreeing to a mutually acceptable amount of child support
and making this agreement part of a marital separation agreement.
How the Court Determines the Amount of Child Support
Generally, child support payments are for the ordinary expenses of food, shelter, clothing,
education and medication needs for the children only. In determining an award of child support, a
court will look at all relevant facts upon the following issues:
Making the decision to end a marriage is difficult. As challenging as it sounds, it is in your best
interest to approach the divorce process from a rational, businesslike perspective. Working with
the Law Offices of Bruce E. Bergman will help you get through the process and begin your new
life.
The legal issues are usually straight forward. There are two types of child custody recognized by
the family law system: legal custody and physical custody. Legal custody determines who will
make the major decisions that will affect the child's health, education, welfare, and more.
Physical custody determines where and with whom the child will spend his/her time. Joint
physical custody is typically arranged so that one parent has primary, or custodial, custody of the
child and the other parent has child visitation rights. Child visitation guidelines are set forth when
joint physical custody is awarded.
Visitation/Parenting Time Divisions
Child visitation guidelines can be determined in a few different ways. A family law judge will
always have final discretion over child visitation guidelines. Regardless of how child visitation
guidelines are created, they will only be approved if they serve the best interests of the children
involved. The child's welfare will always take precedence over the wants and needs of the parents
and others when determining child visitation guidelines.
Child visitation guidelines can be determined through a process called Mediation. During
mediation, the parents will meet with a neutral third party mediator (either together or separately)
who has special training in assisting parents with child visitation guidelines. The purpose of
mediations is to allow both parents to create a mutually acceptable set of child visitation guidelines
without going to court.
If child visitation guidelines cannot be created through the mediation process, the court will
intercede to make a decision. When the court develops child visitation guidelines it does so to meet
the needs of the children involved. In cases where joint custody has been awarded, the court feels
that it is in the best interest of the child that both parents play a significant role in the child's life.
Child visitation guidelines may also grant visitation rights to other adults like grandparents or step-
parents. All 50 states have “grandparent visitation” laws whereby grandparents can petition the
court to grant them the legal right to maintain their relationship with their grandchildren upon
divorce. Child visitation guidelines will determine the time a grandparent can spend with their
grandchildren as set forth by the family court.
Child visitation guidelines are legally binding and all parties have a responsibility to uphold the
terms of child visitation.
Child Support
During a marriage or committed relationship, financial support for your children is rarely a
concern for the court. But when parents divorce or cease to live together with their children as a
family, the courts are usually required to establish by decree the amount of child support a non-
custodial parent must pay. Child support can be determined through agreement by the parents or
mediation. If an agreement cannot be reached, this important issues will be determined by a
judge. Child support payments, like alimony, may be incorporated into the divorce judgment or
may be provided for in a marital separation agreement.
You can avoid making child support a contested issue, and avoid the legal expense of litigating this
issue before the court, by both parents agreeing to a mutually acceptable amount of child support
and making this agreement part of a marital separation agreement.
How the Court Determines the Amount of Child Support
Generally, child support payments are for the ordinary expenses of food, shelter, clothing,
education and medication needs for the children only. In determining an award of child support, a
court will look at all relevant facts upon the following issues:
- The Needs of the Children - for example, a sick or developmentally disabled child will
- The Age of the Children - infants and younger children often cost less to support than
older children. - The Ability of the Non-custodial Parent to Pay - the court is limited in awarding child
support by the ability of a parent to pay based on income from all sources. - The Earning Capacity of the Custodial Parent.
Making the decision to end a marriage is difficult. As challenging as it sounds, it is in your best
interest to approach the divorce process from a rational, businesslike perspective. Working with
the Law Offices of Bruce E. Bergman will help you get through the process and begin your new
life.
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Center Shops
3 Turkey Hills Road (Route 20)
East Granby, CT 06026
860-653-2320
3 Turkey Hills Road (Route 20)
East Granby, CT 06026
860-653-2320
63 Imlay Street
Hartford, CT 06105
860-522-1436
bruce@attybergman.com
Hartford, CT 06105
860-522-1436
bruce@attybergman.com
www.attybergman.com
| Child Matters Related to Divorce |
| LAW OFFICES OF BRUCE E. BERGMAN |