Custody and Support Disputes

Custody and support disputes are one of the most wrenching aspects of divorce. After months or years of daily interaction with their child, one of the spouses will assume the unenviable role of being a non-custodial parent. Along with disputes over the division of marital assets, custody and support disputes are one of the two main causes of contested divorce. But even after the Court rules on custody and support, the custody dispute often continues outside of the Courtroom, placing the child in the middle of an emotional tug of war between his or her parents.

When a custody agreement cannot be reached and the case goes to court, the Court will act in the best interest of the child when setting the custody arrangement. Some states take the child’s wishes into consideration while other states do not; however, courts have traditionally favored placing the child with the mother. In cases where one parent is physically abusive or abuses drugs, the Court may grant the other parent sole custody of the child. And in cases where both parents are deemed unfit to assume custody, the Court may appoint a guardian ad litem to make decisions on the child’s behalf.

The purpose of custody and support is not to favor one parent over the other, but to help parents reach an understanding on how to raise their child in the wake of divorce or permanent separation. Because most custody and support arrangements consist of joint legal custody—an arrangement where both parents have significant involvement in the child’s life—it is important for parents to work together both for the sake of the custody arrangement and the sake of the child.