Questions about Shared Parenting Laws
What is shared parenting?Shared parenting is another name for joint physical custody. Under shared parenting, both parents share about the same parenting time, and are equally recognized as the legal guardians of the children. In most cases, disputes about parenting and parental rights arise during a legal separation or divorce, resulting in legal questions. Many ask a Family Lawyer for legal insight, either to determine their rights or as a second opinion. Below are answers to the most common questions about shared parenting on JustAnswer.
How does someone go about moving out of state when child support is taken out of their check every month?They can move to a different state, however if they quit their job, the child support could build up. The ex-spouse may take them back to court to receive the back pay on child support. They could make payments each month to the location where the withholding was entered if they want to stay current with the child support. Any missed payments can result in a build-up of interest until paid. As long as they keep making payments by check until they find another job, there should be no trouble. They can contact the child support agency where the payments are sent, and make the necessary arrangements.
In Ohio if someone has shared parenting, what are their rights on seeing the child?In Ohio, depending on the shared parenting plan, visitation can be at any time that both parties agree to and the court approves. However, it does not mean that the child will necessarily live with each parent fifty percent of the time, even though they have joint custody. When deciding appropriate parenting time, it is important to consider the impact on the child. A shared parenting plan that will leave the child in a different home every night will most likely not be approved by the court. If the court has already established a shared parenting plan, and it seems to be working, but the parents are not happy with it, one or both of them can petition the court to modify the arrangements. They will need to show that the revised arrangement they propose is still in the best for the child, and they are keeping the child’s best interest in mind. Ohio Revised Code Section 3109.04(F)(1) determines shared parenting is in the best interest of the child and includes factors like:
• The ability of the parents to cooperate and make decisions together, with respect to the child.
• The ability of each parent to encourage love, affection and contact between the child and the other parent.
• History to potential of child abuse, spousal abuse, or domestic violence, or parental kidnapping by either parent.
• Recommendation of the guardian ad litem of the child, if the child has one.
Ohio law also states that when the court makes decisions of parental rights and responsibilities for the care of the children, the court will not give preference to either parent because of their financial status or condition.
In shared parenting, if a parent gets laid off and now makes less than the other spouse do they still have to pay child support?The parent should be able to go before the court, explain their condition and petition to modify the child support. There are forms and instructions online to help them get started. There are also guidelines for determining how much they might be asked to pay because of their pay reduction.
In Ohio how would shared parenting affect child support?Child support is set by the court. Child support and shared parenting is not necessarily related. Ohio uses an income shares child support guideline that includes some of these factors:
• The income of both parents
• The work/education related child care expenses by either parent
• The standard of living the child would have if the family were together
In the state of Florida in shared parenting does one parent need permission from the other to take the child out of state?They would have to look into their shared parenting plan to see what was agreed by both parents. There is likely to be a section on foreign/ out of state travel. Normally, parents agree in a joint custody arrangement that they do not need permission by the other parent to travel out of state with the child. If the agreement does not state they need permission then they do not need the consent of the ex. However, when it is time for the other parent’s visitation, the child should be available for visitation by the other parent.
Shared parenting laws and the rights of parents can be a bit confusing and hard to understand sometimes. Some may not understand that they are still required to pay child support even though shared parenting is in order. It all depends on the income of both parents. When you are not sure of your rights in a shared parenting plan, ask a Family Lawyer on JustAnswer for legal insights.