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Split custody is one among the various kinds of child custody arrangements that are available to parents. Split custody is similar to joint custody or shared custody where parents have legal rights to their children. Medical decisions or educational decisions are jointly taken by parents and this kind of custody is also referred to as physical custody. Below are a few questions that have been answered on this topic: Q. Is there any reduction in child support due to split custody if it were to occur in the state of Ohio?
In the state of Ohio, income of parents decides child support and it is not based on how the custody is split. Child support of a parent who is employed will increase if the other parent is unemployed. Child support mostly includes child day care, but insurance is considered to be separate. To distribute the burden equally, if a parent is paying insurance then the other parent may need to pay a little more towards child support. One may need to consult a family lawyer to understand the rights and responsibilities under split custody. Q. Are split custody and shared custody the same?
In the event that there is more than one child and more children live with a parent than the other parent, split custody comes into picture. There may be a reduction in the child support paid by the parent having custody of more children. When physical custody of the children is moved back and forth between the parents, shared custody comes into picture. There may be a reduction in the child support that is being paid if the child moves in with the parent paying child support. Q. Does the child have an option to spend more time with a particular parent in a split custody case?
The court’s ruling depends on the best interest of the child and may or may not consider the child’s wish. Maturity/education level, ability of the child to understand the proceedings and the reason why the child wishes to spend more time with a particular parent are some of the factors considered by the court while delivering a ruling. This event normally takes place at the age of 12, but the age may vary with the child. The parents should ensure that the visitation is as close to 50-50 as possible and work out an agreement amongst themselves and the child before approaching the court. Q. Can an assault case be filed by a parent, if the other parent is showing signs of abuse on a 15 year old child?
A parent can file a “domestic abuse” or “injury to minor” charge against the other parent as it is within the family. It is technically an assault. The police and child protective services would record the parent’s as well as the kid’s statements and investigate it further. The authorities would need to be informed at the earliest because without any injury to show, the case will become weak. However, if there is recurrence of the incident and it is reported again, the authorities may take some action when they notice a pattern.
The case may not be handled in the criminal justice system due to the child’s age and may be handled in the family court. Full custody of the child may be granted to the other parent and the option to visit the abusive parent rests with the child. If the child wishes to (due to its age), it can speak to the judge or give a written statement indicting why it would want to live with a particular parent. Considering all the above factors, child’s age and maturity, a ruling in the best interest of the child would be provided by the judge. Q. Consider a situation where a child wants to live with a particular parent only. However, the parents have split custody of their child. In this scenario, will the child support increase?
If the child decides to live with a particular parent only, then the child support that would need to be paid by the other parent may increase. In the event the parent with whom the child is living agrees not to receive additional child support; then one may not have to pay the additional amount. Some people may be of the opinion that a signed note to this extent may waive the other parent’s burden of additional child support. Legally, this may not be the case as the child support does not belong to the parent, but it belongs to the child. As long as the child is not being affected due to the non-payment of the additional child support and it has not been enforced by the other parent; one may not be required to pay additional child support. In a legal separation or a divorce, parents prefer split custody of the child where the visitation or custody is shared. In the case of a joint custody, child custody is shared equally. It is up to the parents to decide what kind of custody arrangement they wish to have. They can have an arrangement where one parent is appointed as the primary parent and the other parent has visitation rights. Sometimes, child custody issues become confusing and one may take assistance of a family lawyer to understand it better.
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