Support and child custody

In making an order for custody, visitation or partial custody to either parent, the Court shall consider, among other factors, whose father is more likely to encourage, permit and allow frequent and continuous contact and physical access between the child and the non-custodial parent. In addition, the Court examines each parent and the present and past violent or abusive conduct of adult family that may include, but is not limited to, abusive conduct, as defined under the law of October 7, 1976 (P.L. 1090, no. 218), known as protection from abuse Act. The Court shall award custody only when it is in the best interests of the child. In addition, an order for shared custody may be granted by the Court when it is in the best interests of the child:

At the request of one or both parents. When the parties have agreed to an award of custody.

[Based on Pennsylvania Consolidated Statutes-Title 23-section: 5303]

Child Support:

Pennsylvania uses the "income shares" to determine the child support. Child and spousal support are allocated under the Pennsylvania child support guidelines as established by the general rule by the Supreme Court, to ensure that persons are likewise are treated equally. The guidelines are based on the reasonable needs of the child or of the spouse seeking support and the ability of the debtor to provide support. In determining the reasonable needs of the child or of the spouse seeking support and the ability of the debtor to provide support, the guidelines stress the primary incomes, net and gain the ability of the parties, with deviations permissible for unusual needs, special charges and other factors, as the parties ' activities, such as warrants special attention. In any proceedings to establish or modify an order requiring the payment of child support, the Court must ascertain the ability of each parent to provide health coverage for children of the parties and the order must provide medical coverage for every child as appropriate.

If applicable for the purposes of this section, a court may order one or both parents who are separated, divorced, single or otherwise subject to an obligation of support exists to provide equally for educational costs of their child, if this support is required before or after the child has reached 18 years of age. The responsibility to provide for the costs of postsecondary education is a responsibility shared between both parents. [Based on Pennsylvania Consolidated Statutes-Title 23-sections: 4322, 4326 and 4327]

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The rights of the child in divorce

List composed by lawyer Rob v. Robertson

Marriage is a contract between the adults, and when it ends, the question is between adults. Yet, any action of parents has a greater impact on children. Children love their parents and want to be with them. Even in times of great stress, parents have the responsibility to conduct their legal Affairs, in order to protect their children from adult conflicts.

To a minimum, children are entitled to Bill of Rights as follows: Nor father will disown the child reasonable use of the phone to make and receive calls with other parents and relatives. Nor father must speak or write derogatory comments about the other parent to child or engage in abusive or foul language, coarse, which can be heard by the child or the tongue involves the other parent. Nor father allow children to hear arguments, negotiations or other substantive discussions on legal or business relationship between the parents. Nor father must attempt to physically or psychologically, to seek to influence, pressure or influence children on personal opinion or position of the child relating to legal proceedings between the parents. Each parent will allow your child to view photographs of the other parent or both parents in the child's room. Nor father communicate moral judgments about the other parent to the child for the choice of parents for other values, lifestyle, choice of friends, successes or failures in life (career, financial, relational) or residential choice. The parents the child confirms that the child has two houses, although the child may spend more time at home than the other one. Parents cooperate whenever possible in sharing time with the child.Each parent will allow your child to keep and allow for easy access, correspondence, greeting cards and other written materials, received by the other parent. Each parent will respect the physical integrity of objects owned by the child that depict the other parent or the child's other parent. Nor father trivialize or deny the existence of other parent to child. Father will interrogate the child on the other parent or both parents will discourage comments from children on the other parent. Neither parent will intercept, "Miss", derail, "forget" or otherwise interfere with communications to the child from the other parent. Nor father refuses to recognize that the child may have, or should have good experiences with the other parent. Nor father will directly or indirectly to attack or criticize your child's extended family of the other parent, the other parent's career, the life and journey of the other parent, or legitimate activities of the other parent or members of the other parent. Nor father will use the child as an "intermediary" using the child to communicate with the other parent on inappropriate topics. Neither parent will undermine the other parent in the eyes of the child, by engaging in "circumstantial syndrome" which is done by manipulating, changing or rearranging the facts. Nor father will create for or exaggerate a child, the differences between the parents. Nor father say and do things with an eye to gaining the child as an "ally" against the other parent. Nor father will encourage or instruct the child to be disobedient to the other parent, stepparents or relatives. Neither parent will reward the child to act negatively towards the other parent. Nor father will try to make the child to believe that he or she loves the child more than the other parent, credit, for example, saying that he or she loves the child more than the other parent or over-informing the child about overindulging themes adult or child. Nor father will discuss problems of support of the child with the child. Neither parent will embark on judges, opinionated comment or negative physical inspections or interrogations, once the child comes from his home. Nor father will "rewrite" or "script" facts that the child knows originally be different. Nor father will punish your child physically or threaten such punishment in order to influence the child to take the negative of the parent program, if appropriate, against the other parent. Nor father allow the baby to be carried by a person who is poisoned due to consumption of alcohol or illegal drugs. Nor father is tobacco smoke materials within structures or vehicles occupied at the time by the child. Each parent will bring gifts, toys, clothing and other items belonging to the child with him or her at the residence of another parent or relatives or allow the child to take gifts, baby toys, clothing, and other items belonging to the child back to the residence of the other parent, if necessary, to facilitate the child with him or her objectsimportant for the child. Gifts, toys, clothing and other items belonging to the child which means here the elements that are reasonable and do not include transport pets (that parents agree are impractical to move).Children and divorce, what you need to KnowMeeting the needs of your child during DivorceMore on children and divorce

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Child health coverage

You and your spouse divorce. Divorce means that your children have two houses with two parents caring for children at different times. It is important that children have health insurance when in the care of both parents. Doing this can be complicated and you play an important role during the divorce settlement negotiations.

What you will have to determine is how both will work together to keep the health insurance for your children.

Below are some things you need to know:

Who is responsible.

You will be responsible; your ex-spouse liable? This might depend on whether either of you has a group health coverage through your employer. If the health of the group is not available you will decide how you plan to keep the baby and that will cost. If the insurance must be purchased to both parents would share the cost with each share in a certain portion of co-pays. The important thing is that this problem to negotiate and then get it in writing in your final decree of divorce.

If you both have health coverage.

Double coverage on both plans means that the child is protected, no matter which parent are with. The plans cover would be designated as "primary" and "secondary". The secondary plan would cover many of the costs not covered by the main floor. All you need to do is decide which parent carries the primary and most insurance companies have a formula or rule that will help you make the decision.

If your child has medical problems.

If the child has a pre-existing medical condition an individual's health care plan can cover the child, but they refuse to pay all the costs relating to pre-existing conditions. You should make every effort to maintain any group health plans available to you or your former spouse. Group plans are just plans not allowed to refuse your child or limit coverage because of pre-existing conditions.

Paying co-pays.

Along with who is responsible for health care coverage that pays co-pays also should be decided. Most parents choose to pay a percentage of all co-pays. For example, the custodial parent may be responsible for 25% of medical expenses out of pocket and the non-custodial parent is responsible for 75% of medical expenses out of pocket. This figure is normally based on which parent can afford to take on the cost more.

Be careful though, just because it's written in a final judgment of divorce does not mean they will follow both parents with what was agreed. Once you and your ex-spouse reach agreement who pays what amount against co-pays, you need to make a contract with your child's doctor. The billing Office at the Office of your child's doctor is not concerned with what it says your divorce final grade. They are concerned to obtain the money owed to them.

If you are the person who takes the child to the doctor, will take into account is the person responsible for paying co-pays and expect to pay them in full. They are not legally a part of out of pocket expenses and then bill your ex-spouse for his part, unless an agreement is filed with the Office billing. That the contract must indicate that you are being billed separately for a predetermined percentage of the Bill and the contract must be signed by both parents. Doing this keeps both parents be held liable if the other parent refuses to pay the sum agreed to co-pay. Prevents billing Office coming after you and, if you fail to pay keeps them from being able to deliver to collections or, worse, reporting the debt on your credit report.

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Support and child custody

The child's best interests must always be the primary consideration in determining custody, without regard to the sex of the child or parent. Sole or joint custody may be assigned, but it must be presumed to joint management restorations. A finding of a history of family violence, involving the parents of a child removing the presumption in this subsection. The Court must use the following factors in determining custody:

If the physical, psychological or emotional and child development will benefit from the appointment of conservatives joint management. The ability of parents to give priority to the welfare of the child and reach shared decisions in the best interests of the child. If each parent can encourage and accept a positive relationship between the other parent and the child. If both parents participated in breeding before filing the suit of the child. The geographical proximity of the residences of the parents. If your child is 12 years of age or older, preference of the child, if any, with regard to the person to have the exclusive right to designate the principal residence of the child. Any other relevant factor.

[Based on Texas statutes; Family code, chapter 153]

CHILD SUPPORT:

The Court may order one or both parents to claim a child as specified by the order:

Until the child is 18 years of age or until graduation from high school, whichever occurs later. Until the child is emancipated through marriage, through the removal of the disability of minority by court order or other operation of law. Until the death of her son. If your child is disabled as defined in this chapter, for an indefinite period.

The Court may order that the child support paid periodic payments, a lump sum and annuity purchase, setting the property to be administered for the support of the child as specified in the order, or a combination of these methods aside. Even the court orders medical support for the child, as well as ordering income withholding to ensure payment of child support.

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