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Gulfport Family Law Blog

What topics are covered in a child custody arrangement?

Maybe you gave birth to your child knowing full-well you and your child's father would be co-parenting from separate households. Or maybe a custody arrangement is new, as you and your child's parent are getting a divorce. Maybe you just found out that you are the father to a child. Either way, a child custody arrangement is something that can and should be determined, with the best interests of the child in mind.

The topics that a child custody often covers is physical and legal custody, child support, division of duties etc. Determining who has physical and legal custody of a child covers most of the small issues that affect a child's everyday life. It's possible that parents can split physical and legal custody, or it may be awarded solely to one parent. Regardless of who has custody, both parents are expected to financially support the child, even if they do not have custody rights in the best interests of the child.

Mississippi grounds for divorce could add one more in 2019

Our state has come under scrutiny for some of their divorce and marriage laws. However, these decisions are traditionally left the state, so it is within the state's jurisdiction to decide the laws on these matters. There are currently 12 grounds for divorce here. A bill has been authored that would include one more, if approved.

A ground for divorce essentially means, a reason. To file officially for divorce, a couple or a person must cite a specific ground as the reason for seeking a divorce. The bill would allow those seeking to get a divorce to list separation without cohabitation for three years or more, as grounds for divorce. Specifically it would read: Willful and continued separation without cohabitation, with the intent not to return or resume or otherwise continue the marital relationship, for not less than three (3) years. Either party may have a divorce based on this cause.

Child support enforcement may be necessary

Being a Mississippi parent is one of the greatest joys and responsibilities. Being responsible for raising a child into a happy and functioning adult is easier said than done. When co-parenting from separate households, the courts and the child rely on the parent's to uphold each parent's side of the bargain. When they fail to do so, it puts the child in an unfavorable position.

This is why, at a certain point, late or delinquent child support payments may force the receiving parent to take action. The action taken would be seeking a solution for the lack of child support the parent has failed to pay. At the Maggio Law Firm, PC, we know how tough it can be to not receive funds that a child has been deemed his or hers by the court. And, having to ask the other parent to support their own child financially, repeatedly, can be exhausting and frustrating.

Military regulations affect child custody arrangements

Mississippi military member and their families have very different lives than civilians. There are many reasons to be interested in joining the military, but being a part of this group can affect many facets of one's life. For example, if thinking about getting a divorce or modifying a child custody arrangement, military family law can come into play. This changes the way the process goes, compared to those parents who are not involved with the military.

Many military families need to work out a special child custody arrangement to work around military parents' schedules. Many parents go through periods of active deployment. The child custody arrangement would then work around this time apart, thereby making the child custody arrangement vastly different from parents who are not in the military. The arrangement may call for full physical and or legal custody at times when a parent is deployed.

Can you put your emotions aside during your divorce?

With the New Year comes a change for many Mississippians looking to take this year in a new direction. For some, this brings the ultimate decision to get a divorce. Divorce can mean a lot of things to different people, but for many, it means a change in a positive direction. There can be many underlying reasons for a divorce. No doubt, there is usually no shortage of emotions during the process.

The question is, "can a person keep their emotions in-check?" Divorce is a legal process during which things must be decided, a separation of lives and how to manage the parts that overlap. For example, property division is a process in which assets are to be divided fairly. If the marriage yielded children, how do the parents handle the division of responsibilities in the child custody arrangement?

Payers of alimony can no longer claim it as a tax deduction

When the clock struck midnight on New Year's Eve, it turned over a new era in personal taxes. There have been many changes to personal taxes to be filed for the year of 2018. One change has occurred to Mississippians who are (or who will be paying) alimony to their divorced spouse. Beginning New Year's Day, those who pay alimony will no longer be able to claim it as a tax deduction.

There is a fairly huge change in terms of family law, alimony and tax law. The previous law about paying alimony to an ex-spouse was that it was a legitimate tax deduction. Now, no such deduction is valid moving forward. This may affect how a divorcing couple decides to structure their property division and specifically their asset division and alimony agreement. Couples may decide to split assets differently, or opt for a lump-sum alimony payout, rather than take the route of alimony payments that are no longer tax deductions.

Which issues could cause a child custody dispute?

Parents know that raising a child is no easy feat. However, it can be extremely rewarding and some say, the best thing a person can do in their lifetime. However, not all parents end up staying together to raise their children. They may not have been together from the start.

In these situations, child custody arrangements and parenting plans are essential. These plans are laid out and agreed upon by both parties. However, if one or both parents aren't upholding their end of the agreement, it can easily lead to a child custody dispute between parents concerning their child's custody arrangement. Oftentimes, agreements can be broken and relationships can be rocky is one or both parents are not upholding their custody schedule.

Child custody agreements may require modifications

When it comes to children, there is almost nothing a Mississippi parent will not do to ensure their well-being and happiness. That is true of most parents these days. With many parents in a split-custody arrangement with the child's parents living in separate households, it is still possible to have a healthy and wonderful relationship with one's child, while co-parenting. It is much clearer to do this with a child custody arrangement that is set in stone.

However, it leaves little room for flexibility in these agreements if circumstances change with the child or the parent. Lots of situations could render a child custody agreement not as effective as it once was. If a child has special interests or needs, this may not develop until years after the arrangement was put in place. In addition, a parent's financial situation could change, for better or worse, which would essentially require a parent to compensate differently based on their earnings.

Unpaid child support could have lasting implications

Thinking of your children there is nothing you wouldn't do for them. For parents who pay or receive child support, it's a situation that married parents of children often know nothing about. Whether you are a recipient or a payer of child support, there are concerns on both sides. Parents almost always want what's best for their children.

However, if child support payments aren't being sent in a timely manner, it can have a negative impact on a child. Child support amounts expected to be paid or received vary based on a number of factors including a parent's income, needs of the child, standard of living and potentially other factors. The specific situation of a family can greatly impacts a child support amount as it can be tailored specific to the family's needs.

Men in marriages, what some say propelled their divorce

Marriages require two people, but it rarely has so few influences. When two people merge their lives, lots of factors can affect the marriage and each person in it. If you are thinking about a divorce, or are in the midst of one, you know how hard it can be at first glance to untangle the other person's life from your own. In all reality, not all things can be 'untangled' so to speak, from each other.

This is especially true when you and your soon-to-be ex-partner have children together. The truth is that a child's parent will always be a part of their life; thus, a part of yours. Additionally, for those who's finances have been combined, separating the assets and liabilities during property division can be initially daunting. In a tell-all, men who are divorced revealed the moment that they knew their marriage was over.