A child custody letter should include information explaining to a judge how the chosen guardian can provide care that is in the best interest of the child, according to Nolo. In the case of conflicting guardianship claims, a child custody letter should explain why one choice of guardian is preferential to the other.Continue Reading
According to Nolo, the judge granting the custody may consider the preferences of the child when assigning custody if the child is old enough to express such a preference. In these cases, a child custody letter should detail how the guardian choice compares to the child's preference. Nolo also suggests including how the proposed guardian can best provide continuity of care for the child for maximum stability. The letter must detail how the custody arrangement meets the needs of the child, including special needs. In determining custody, a judge may look at the current relationship between the child and custodian, so letters should detail interactions between the two.
Nolo recommends the letter include proof of the moral fitness of the proposed guardian. In the case of conflicting claims of guardianship, the letter should seek to prove the relative unfitness of the opposing claimant, such as detailing past instance of substance abuse, child abuse or mental illness. For guardians with a nontraditional family structure, the letter should also explain to the judge how the family meets the same needs of the child as families with a traditional structure.Learn more about Child Support & Custody
Nolo explains that a parent is not required to pay child support until he is established as a legal parent, by a paternity test, court order or other legal means. An unmarried father who signs an acknowledgement of paternity pays child support, even without his name on the birth certificate.Full Answer >
Enforcing child support involves asking the local or state child support service office to follow up with the delinquent noncustodial parent to ensure child support is paid promptly, according to DivorceNet from Nolo. Agencies have a variety of methods to compel payment in a timely manner.Full Answer >
When a parent who pays child support begins to receive social security disability insurance payments, he may be eligible for modification of his child support requirement, according to Nolo. This is especially true if the amount of his SSDI payment is substantially lower than his previous income. When a parent receives SSDI, the child sometimes becomes eligible for dependent's benefits. In some cases, the court may lower the child support obligation by the amount the child receives from these benefits.Full Answer >
New York child custody law often focuses on the best interest of the child, according to the Law Office of J. Douglas Barics. Common considerations concern parental characteristics, including age, drug and alcohol use, physical health, personal finances, and time available to spend with the child.Full Answer >