When a child’s parents are not living in the same home or are not in a relationship, it is important to have a clear and defined agreement about the custody of the child. Sometimes parents can agree on an arrangement that works for everyone involved. When agreement is not possible, the court system must determine who will have custody of the child. JKJ Associates, The Law Firm is equipped to assist you in all types of custody matters.
The court may award one parent sole custody, which is legal and physical custody of the child or the court may divide legal and physical custody between the parents. There is no longer a presumption that the child should be placed with the mother if they are very young; both parents start on a level playing field. The court will decide what arrangement is in the best interests of the child.
A parent who has custody of a child may ask the court to award child support – money paid to the custodial parent to be used for the support of the child. In india, the appropriate amount of child support is determined by a set of guidelines, taking into account the income of both parents, the number of other children in each home, the custody arrangement for the child needing support and medical expenses paid by each parent for the child. The court can deviate from the guidelines if certain circumstances exist.
If the child’s parents can agree on a specific amount of child support that is different from what the guidelines require, the court will review it for fairness and decide whether to accept the agreed upon amount. JKJ Associates, The Law Firm can help you understand the child support process and work to make sure an appropriate amount of support is ordered which includes custody, welfare, health, future and wealth of the minor child.