The state of marriage, in general, is declining. While divorce laws have a lot to say about things like debt, property, and minor children, things are still mainly unregulated for couples that never tied the knot. There is one main exception, however, and that is the way children are protected, whether it's with a divorce or just a parting of ways. If you are unmarried and your relationship is coming to an end, read on to explore some mostly child-related issues as parents call it quits and how they relate to family law.
When Parents Live Apart
As long as both parents reside under one roof, the law takes a hands-off approach to the financial aspects of a couple's life. Once the parents live apart, however, the issue of child support arises. In nearly every case, one parent will be ordered to pay child support for the child until they reach the age of majority in the state of residence. Many parents want to do the right thing and voluntarily pay child support after separation. That may work well for many, but when they stop paying or when the custodial parent applies for federal aid, things will likely end up in court.
As far as the law is concerned, the parent making the most income will take on the bulk of child-rearing expenses. The custodial parent is assumed to already be obligated for many expenses. That means the non-custodial parent will be ordered to pay a certain sum for each child. The amount is based both on the income of the party and the median income for the state of residency.
Custody Matters
When a couple parts ways and children are involved, custody may be kept out of the court if the couple can agree on a parenting plan that includes visitation. If the couple cannot agree and the child in question is the biological offspring of both parties, things may be hashed out in court just as they are when a couple divorces. Just as with a divorce, one party must prove that the other is unfit to be the custodian of the child. Allegations are irrelevant, and concrete proof is needed. That might include:
In most cases, the court won't exclude a party from visitation unless problems like drug or alcohol addiction are present, the party is incarcerated, they are ill or mentally incapacitated, and more.
To find out more, speak to a family law attorney.
Share7 May 2021
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