What is Shared Custody, and How is Child Support Calculated?

Shared custody refers to the sharing of relatively equal rights over a child except for child custody. This mainly occurs in a case of a divorce, where the property rights and control of the children are divided. Child custody lawyers play an incredible role in providing equal rights to their clients by proving their capability in court.

It is common for a family to undergo unacceptable circumstances. However, issues can often arise from inevitable disagreements, leading to chaos. Eventually, it takes to turn into a serious issue in the family which is resolved through a divorce decision.

Hence, while diving into the rights of both, the individual arises in a deliberative situation, mainly when it comes to the custody of their child. Thus, this blog has shared all the necessary information to clear your doubts regarding child custody.

How Does Shared Child Custody Work?

After the divorce, all the rights are equally dissected except for child custody. In this aspect, the child custody lawyers provide immense significance to the child’s will. In a nutshell, both parents might not get equal time to spend with their children after they are divorced.

The custody is shared on a case-by-case basis relying on practical grounds. If the child prefers spending equal time with both parents, then the shared custody remains equal and fair for all. However, it is optional to use this means all the time. In both cases, children prefer to spend their time with their mothers.

As evidence of the statement, in Australia, 80% of the custodial parents are mothers. However, until any decision from the court is made, both parents tend to have the same rights to make decisions for their child’s development.

Mutual Agreement On Shared Custody:

The agreement on shared custody occurs on the shared exercise of guardianship. When both parents agree on the proposed regulatory deal in the course of the court hearing procedure, shared custody occurs.

Hence, to have shared custody of the child, both parents must provide proof that they would pay equal attention towards their child. Both of them must agree that the involvement of both parents would not harm the child. Later, they have to present this in court with the help of a verified child lawyer.

Disagreement On Shared Custody:

If any of the parents disagree with the involvement of the other parent, then the court will take a right to determine the custody of the child. In that case, both of their backgrounds, economic circumstances and other such things would be revised to decide the most suitable custody for the children.

What Are The Factors That Influence Child Custody?

The choice the child makes is connected with his or her entire future. Hence, to grant this viable decision, the court has to take some major considerations for the welfare of the child. In this aspect, the court will consider the following factors.

• The interest of the child
• Reasonability and practicability of the child’s decision.
• Any views the child has given.
• Nature of the relationship the child has with both parents.
• The nature of the relationship the child has with other relatives such as grandparents.
• The nature of decisions made by the parents regarding their child.
• The capability of each parent to provide for the kid.
• Existence of any family violence order.
• In case the child is Aboriginal or Torres Strait Islander, their right to enjoy a similar culture.

These primary considerations are taken by the court for the sake of the children’s future development. Apart from seeing the interest of the kid, the matter is judged on practical grounds. Hence, only based on hard evidence of the parent’s capability the custody of a child is shared.

In that regard, the divorce lawyer Perth takes all the possible responsibilities to prove your capability in court so that you can spend enough time with your child.

How Is Child Support Calculated In Australia?

Shared custody in Australia primarily supports the standard of living of the children. Hence, the child support is paid by the non-custodial parent to the custodial parent. However, when the split is equal for both, the higher earner usually pays for the child and the lower earner takes care of the children.

When the decision is being made in court then calculation is too complex. The child support lawyers Perth collects all the necessary evidence that prove you are capable of providing for the child. In such a case, the following information is required for calculating child support.

• Parent’s taxable income.
• Percentage of nights each parent spends with her child.
• The number of children < 13 as well as 13-17.

Apart from that, the parents have to comply with the following principles.

• Providing physical comfort to the child is both the parent’s duty.
• The court gives due weight to a child’s ordinary comfort.
• The contentment, health, education and intellectual development of a child must be prioritised.
• The higher earners are expected to pay more.
• A child’s favourable surroundings cannot be ignored.
• Moral and ethical values must be prioritised.

These principles are placed to ensure the safety and security of the child in safe hands. Hence, you have to provide the necessary documents that support your appeal to get your child’s custody.

Therefore, divorce lawyers can make a strong defence on your behalf and provide solid evidence so that you get custody of your child.

What Issues Might You Face While Appealing For The Custody Of Your Child?

The legal battle between two parents in court can degrade the mental health of the child. Know, How Much the children’s psychology gets affected because of this. In response to that, the lawyers ensure the child is getting what is best for him or her. As mentioned earlier, dragging this matter to court can be very daunting.

The court would want to know the child’s wish. In most cases, children below the age of adulthood prefer staying with their mothers. Hence, consider this before going to court for a solution.

The court will ask for several proofs to secure the future of your children. Hence, the entire hearing procedure will work that way only. Now, if you know that you are capable of taking proper care of your children and want to have his/her full custody, then the child support lawyers Perth can help you.

They can share their experiences with you so that the consequences of each step can get clear to you. Moreover, they will make sure to provide your case with a proper hearing so that the conclusion can be justifiable.

Some people decide to resolve the matter outside the court. However, in worse conditions, this process fails to come to any amicable inference. Hence, taking assistance from a divorce lawyer can defend your rights in the hearing court.

Conclusion

In conclusion, based on the viability of the child’s future, the court tries to decide the most suitable circumstance for them. In this aspect, even the interest of a child below age eighteen is prioritised.

Hence, if you want to win child custody, then the divorce lawyers Perth is there by your side. Their resourceful lawyers would collect solid equipment to prove your statement correct in court.