Child Custody Frequently Asked Questions

When is my child declared independent?
A child becomes legally independent at age 18 ( in some states age 21). Some factors may contribute to a child's obtaining independence before their eighteenth birthday include: entering into the United States Military Service, getting married, becoming financially independent, or obtaining a permanent residence away from either parent.

How much influence does my child have in custody declaration?
Much of this depends upon the child's age. The older the child, the more influence he or she will be able to exert. Although the court does have the final say, the testimony of a child oftentimes places significant weight on the judicial scales.

What if the wife is pregnant at the time of separation and divorce?
The unborn child is to be treated no differently than any living child.

Does a homosexual parent have equal rights to custody?
The homosexual parent should have equal rights as any other parent, with the decision obliged to and contingent upon the ultimate concern for the best interest and general welfare of the child. If under this criteria the homosexual parent measures best, then proper custody should be awarded.

Can custody rights change?
Absolutely. It is recommended that periodic evaluations of the parenting plan be made. This is important because so many factors can be modified or altered over a short period following the divorce, such as change in employment, residence, or marital status

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