During a divorce and child custody case, fathers often have a notoriously difficult time winning primary or joint custody. To protect their rights, fathers should always have a child custody lawyer in Owings Mills on their sides in court. This video explains more.

Although more and more fathers today are fighting for and winning the type of child custody they want, there is still a tendency in the courts to assume that the mother should be the primary caregiver and custodian for the children. Fathers who want to protect their rights and get as much time with their kids as possible should work with a family attorney with experience in fighting for father’s rights. Fathers must aggressively provide evidence that the custody agreement they are pursuing is in the best interest of the children.

Child custody agreements are one of the most difficult parts of negotiating a divorce settlement. As your family law attorney in Owings Mills can tell you, there are many decisions that have to be made, from where the child will live to who gets to see them on the holidays. Here is a look at some of the child custody issues that are part of most cases.

Non-Disparagement Clauses

In contentious divorces, parents frequently have concerns—often for good reasons—that their ex-spouse will speak badly about them to the children. Fears over this kind of damaging behavior have led to non-disparagement clauses being added to child custody agreements. These clauses can vary greatly depending on the needs of the family, but in general, they are written to ensure both parties agree to avoid saying or doing anything that could affect the relationship between the ex-spouse and the children. In some cases, non-disparagement clauses also prevent this kind of behavior towards other family members, or even towards new spouses should a future remarriage occur.

Holidays

When families split up, holidays naturally become an issue. Unless parents agree to continue to spend major holidays together, they will need to divide up this time as part of the custody agreement. Some families agree to a set schedule, while others decide to rotate major holidays. Whatever the agreement it is, it is helpful to consider these questions during the custody negotiation process rather than waiting for a holiday to approach.

Expenses

A child support agreement will be part of most custody cases, but what about expenses that go above and beyond those costs, such as summer camps, braces, and school trips? When children have a need or an opportunity that represents an additional expense, will both parents need to agree and split the costs, or can one parent make the decision and either cover the entire cost or still ask the other parent to contribute financially? Many expenses that go above and beyond basic child support will arise during co-parenting, so it is helpful to have a framework to rely on when they occur.

When one spouse is financially dependent on the other during a marriage, the issue of spousal support through alimony payments is determined during the divorce process. Alimony payments may be required only during the divorce process, or for a definite or even indefinite time after the marriage has ended, depending on the needs of the dependent spouse and the financial status of the supportive spouse, amongst other things.

To determine the amount and type of alimony required, a judge will consider factors such as the length of the marriage, the ages of both parties seeking the divorce, and the ability of the dependent spouse to become financially self-supporting in the future. If you believe you should receive alimony or you are concerned about the amount of alimony your spouse is requesting following your divorce, it’s important to seek the help of an experienced family attorney near Owings Mills. Your family lawyer will use his knowledge of alimony laws to ensure the correct amount of spousal support is mandated before your divorce is finalized.

When one parent is paying child support, he or she often wonders if it’s necessary to continue to pay when the children are staying at his or her house. For instance, if the children spend the summer with the non-custodial parent who pays child support, is it necessary to keep making payments during that time? Questions like these can be discussed with your family law attorney in Owings Mills , who can help you understand your rights to modify child support agreements.

Child support cannot be discontinued without a court order. Child support law requires that payments be made continuously, even when the children are staying with the parent making the payments. This is because the other parent still must maintain the household for the children to return to when any visit is over.

Your child support attorney can help you consider whether a modification could be appropriate for your case—for instance, if your earnings have changed after your divorce. Never adjust child support on your own without a court order, as you could face legal trouble over back payments.