The act of “filing” for custody merely refers to the initiation of documents which are physically filed with the circuit court in the county where either of the parents or the child resides. This filing document is known as a Petition for Custody. Commonly, the Petition for Custody also requests that a parenting plan be established, and that child support be determined.
Paternity must be established before the court can make a child custody determination. Custody will dictate which parent is responsible to care for the child. This could be joint or sole custody depending on the circumstances. It is also common for the court to establish a parenting plan for the child and establish child support at the same time. If the parties cannot come to an agreement on custody, parenting time, and child support; then a judge will make a determination. Hiring an attorney to file for custody should be considered given the importance and lasting consequences of these decisions.
Determining Child Support in a Custody Hearing
Along with parenting plans, child support is generally addressed during a custody hearing as well. In a divorce, the parent who does not have custody may be required to pay support. The court may order child support to be paid until a certain age according to state guidelines. A child custody lawyer can help you obtain the best possible outcome in the case of custody hearings.
Can I Also Get Alimony with Child Support?
In Oregon, both child support and alimony can be ordered by the court. However, unlike child support, alimony can only be requested if you were married. Alimony or spousal support must be requested during the divorce process in your Petition for Dissolution of Marriage. A judge will make separate rulings for alimony and child support. Also, in most circumstances, the amount of one will affect the amount of the other. Because these support payments can add up to a significant sum of money, it would be wise to seek a child custody attorney to help with the process.
Will I Still See my Child if I Don’t Get Custody?
Legal child custody is separate from parenting time. Therefore, even if one parent has sole legal custody, there will usually still be a parenting plan that gives both parents shared parenting time. The term “sole legal custody” only gives that parent responsibility over major decisions for the child such as those around health, education, and religion. However, parenting time deals with the amount of time the child is physically in the care of each parent. The minimum amount of time each parent spends with the child is laid out in the parenting plan that is usually worked out at the time of a divorce or custody determination. The parent with sole legal custody is known as the “custodial” parent, and time the “non-custodial” parent gets is known as “parenting time” or “visitation”. The parenting plan can evolve as the best interests of the child change, and a family law lawyer can help you establish or modify a parenting plan to maximize your rights to visitation.