Child Custody and Support Newsletters

Best Interest of Child Test in Custody Determinations

In deciding custody of a child, a judge or master, must determine what would be in the child's best interests. This standard is used whether the child is being placed temporarily until a full custody hearing can be held, or in awarding joint or sole custody to a parent, pursuant to a divorce, or whether to place the child with a third party as a result of a custody dispute.

Child Support in Shared Custody Cases

Most child support guidelines present a formula for calculating child support where the parents share custody of the child or children.

Child Support Modification Upon Emancipation of a Child

A non-custodial parent's support obligation generally continues until their child reaches the age of legal majority or becomes emancipated. Where a child has achieved independence from effective parental control, and is no longer dependent upon parental support, the child support obligation may be terminated, even if the child has not yet reached the age of majority. The most common cause of emancipation, however, is attainment of the age of majority.

Medical, Psychological and Social Evaluations for Child Custody Awards

Prior to making a determination of custody of a child, the court may order a medical, psychological, or social evaluation of the child or the parents, or all of them. As part of the evaluation, the court may request that the doctor, psychologist, or other professional expert give a report and make a recommendation as to custody and visitation.

Modification of Custody based on Parental Financial Resources

Both parents are required to contribute toward the support of a child. The amount of support is based on the income of the parents, with adjustments for certain other obligations such as day care or extraordinary health expenses. For the most part, courts do not consider modifying custody based solely on a parent's financial resources, but such resources may be a factor where a change in circumstances can be shown.