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Questions about Split Custody Laws

There are many different types of child custody arrangements between two parents; one of those is Split Custody. Split custody is often the same as joint custody or shared custody, it is a legal term used to describe a situation with parents that have legal rights to their children. Split custody can also be referred to physical custody; the parents share the right to make medical decisions for a child, or educational decisions. Read below where Family Lawyers on JustAnswer have provided easy to understand answers to the top legal questions on split custody.

In Ohio, would child support reduce because of split custody?

In the state of Ohio child support is based on the income of both parents, not on how the custody is split up. When one parent is unemployed it could mean that the other parent’s child support increases. Child day care is often included in child support and insurance is considered separate. If one parent is paying the insurance it can often make the other parent pay a little more child support to make things as equal as possible. There are many different rights and responsibilities when talking about split custody, talk to a Family Lawyer on JustAnswer today to understand the rights and laws on split custody.

If someone has split custody of their children, and one child wants to live with a parent full time, will that make the child support go up?

There could possibly be an increase in child support, if the child decides to live with the other parent full time. The only way out of paying more child support is to have the other parent agree to not receive additional support and trust that they will keep their word. Some believe that if they have a note signed to not receive additional support that will cover it. However, legally it may not. Child support belongs to the child, and not to the parents. If a parent agrees to not receive child support from the other parent and never acts on enforcing child support, it may be allowed as long as it does not deprive the child.

What is the difference between split custody and shared custody?

Split custody is when there is more than one child or more of the children live with one parent and the other child or children live with the other parent. When this situation happens, child support is reduced based on the parent paying child support having one or more of the children living with them. Shared Custody is where physical custody moves back and forth between the parents for all the children involved. If a child moves to the other parent’s home, the child support is usually reduced based upon the other parent having custody of the child.

If a parent is showing signs of abuse towards a 15 year old child can the other parent file for assault?

They can press charges for domestic abuse against the other parent. It is technically assault but since it is between members of the family it could be ‘injury to a minor’ or ‘domestic abuse’ charges. The police and child protective services would investigate the situation. It would be the parent’s word against the kid’s. Without any injury it can be hard to prove anything happened, but if the parent calls immediately, and if incidents of child abuse occur and get reported again, the authorities would see a pattern and get more involved.

Due to the age of the child, they could keep this out of the criminal justice system and return to family court and ask to modify the custody to where the one parent has full custody and the child can decide whether they want to visit the other parent. Since the child is 15 they can speak to the judge or write a statement stating their wishes on who they want to live with and why. The judge will take into consideration of the child’s age and maturity, and what is in the best interest of the child before ruling.

If the parents have split custody can the child decide which parent they want to spend more time with?

The courts may and may not consider the wishes of the child based on what is in the best interest of the child. There is no set age for this, and the court considers maturity/education level of the child and the ability to understand the proceeding and the child’s reason for the decision. This normally occurs at the age of 12, but the age can vary with the child. With split custody, the parents are still in charge and they should me making sure the visitation is as close to 50-50 as possible, unless the court has made some other arrangement. The courts expect that the parents work out an agreement amongst themselves and the child before returning to court.

Split custody arrangement is common in divorce cases. If the parents want to visit with the child, or have custody of the child, it usually needs to be shared. When the parents share the custody equally, it’s called joint custody. The parents can also make other types of arrangements, like one parent having primary custody and the other having visitations rights to visit the child on a set schedule. Child custody issues can be a little hard to grasp sometimes. Legal uncertainty and questions are common. You can ask Family Lawyers on JustAnswer to provide answers to your questions, offer a second opinion or legal insight.
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