1. FAMILY LAW ARTICLE (CHILD CUSTODY & CHILD SUPPORT) Alexandra Moser Sarah Orzach Erin Jorgenson Alex Viamonte Kwasi Fokuo

2. WHAT YOU MAY HAVE NOT KNOWN WORDS TO KNOW INTERESTING AND ASTONISHING FACTS

3. WORDS & TERMS TO KNOW Divorce Separation Kinship Custody Child support Visitation “ Best interest of child ” Guardian Poverty Custodial Non-Custodial Health Safety Welfare

4. DEMOGRAPHIC TRENDS Approximately 1/2of current marriages in US end in divorce. Approximately 1/3of American children will grow up living with only one parent, especially if they are poor and minority children Note: divorce rate is decreasing but marriage rate is also similarly decreasing The number of single father households has increased about nine fold since 1960, from less than 300,000 to more than 2.6 million in 2011.in comparison, the number of single mother households increased more than fourfold during that time period, up to 8.6 million in 2011, from 1.9 million in 1960. As a result, men make up a growing share of single parent householders. in 1960, about 14% of single parent households were headed by fathers, today almost one-quarter (24%) are. A record 8% of households with minor children in the united states are headed by a single father, up from just over 1% in 1960, according to a pew research center analysis of decennial census and American community survey data. The proportion of black children in families who lived with their custodial parent while their other parent lived outside their house- hold (49.2 percent) was more than twice as large as the proportion of white children. Among children of other races—including Indian American, Eskimo or Aleut, Asian or pacific islander, or other races—12.9 percent lived in custodial-parent families. Approximately one-quarter (23.4 percent) of Hispanic children, who may be of any race, lived with their custodial parent

5. PSYCHOLOGICAL IMPACT DEPENDENT ON DEVELOPMENTAL STAGE One to two years Preschool Regression, fears, sleep disturbance, increased aggression/acting out School age School age: same as above + behavioral and academic problems in school, depression, loyalty conflicts Adolescents Depression/suicide, academic failure, delinquency, promiscuity, substance abuse, intense anger and anxiety, acceleration of separation and individuation

6. CUSTODY THE CARE AND KEEPING OF SOMETHING OR SOMEONE SUCH AS A CHILD.

7. CUSTODY ( CONTINUED 1 ) The care and keeping of something or someone such as a child. Custody can be temporary or permanent and is unlikely to change once its awarded Parents with custody decides most aspects of the child’s life such as their living arrangements and school. Noncustodial parents are given visitation rights Joint custody A custody arrangement in which devoiced and or separated parents have equal rights in making important decisions concerning their children Joint custody is unlikely to be awarded unless both parents or guardians can demonstrate the ability to work well together Kinship Placement of a vulnerable youth in continuous care and supervision of relatives who are not his or her parents directed by social services or other child care and welfare agencies. In many states laws have been passed for grandparents to petition for visitation rights if the child’s parents will not voluntarily grant visitation to them Supreme court expressed that, granting visitation rights would determine a parent’s fundamental interest in the care, custody, and control of his or her children.

8. CUSTODY ( CONTINUED 2 ) FEDERAL PARENTAL KIDNAPPING PREVENTION ACT Prevents parents who abduct their children from getting new custody orders in different states. This act also provides resources to help custodial parents locate their missing children.

9. BEST INTEREST OF CHILD Tender years doctrine The presumption (now rejected by most states) that a young child is always better off with living with his or her mother Laws have been created to insure equal treatment in custody disputes between man and women The health, safety, and welfare of the child the nature and amount of contact with both parents. Location, schools, income, legal history, occupation Controversial cases of divorce, domestic abuse, and restraining orders focus heavily on these factors and strong emphases on substance abuse, psychological stability. “If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the Court shall consider and give due weight to the wishes of the child in making an order granting or modifying custody…. In making a determination of the best interest of the child…the Court shall, among any other factors it finds relevant, consider all of the following:

10. CHILD SUPPORT

11. PURPOSE OF CHILD SUPPORT? Meet child’s subsistence or minimal level needs This view has been universally rejected Support the child consistent with a standard of living based on the incomes of the parents Underlying assumption of all guideline models

12. DUTY TO SUPPORT CHILDREN The court may require either or both parents to pay support in accordance with the guidelines, whether the child is born in or outside of marriage Every child support order must contain a provision for health insurance for the child when insurance is reasonably available The cost of health care coverage and uncovered expenses is apportioned between the parents based on a ratio of incomes Parent cannot bargain away a child’s right to support

13. WHEN DOES THAT DUTY END? Support typically ends at the age of majority (18) A court may order child support beyond the age of majority if the person is dependent in fact, is between the ages of 18 and 19, and is still in high school performing in good faith with a reasonable expectation of graduation before the age of 19 If there is a reasonable expectation of graduation within a short time period after a child's 19th birthday, child support may be ordered beyond age 19

14. WHAT ABOUT COLLEGE EXPENSES? The court cannot order a parent to finance a child's college education. Grapin v. Grapin, 450 so. 2d 853 (fla. 1984) But parties may contract in their marital settlement agreements to provide for college education or other support beyond majority These contracts are enforceable by the court. Finn v. Finn, 312 so. 2d 726 (fla. 1975), mcilmoil v. Mcilmoil, 784 so. 2d 557 (fla. 1st DCA 2001)

15. GUIDELINE MODELS INCOME SHARES PERCENTAGE OF INCOME MELSON (DELAWARE) CASSETTY

16. HISTORICAL STANDARD FOR CHILD SUPPORT Meet the needs of the child Within the parents’ ability to pay Many states and local courts had informal guidelines or “rules of thumb” that were not mandatory or presumptive

17. COMPARISON OF THE FOUR MODELS Income shares guidelines tend to depress child support levels at high incomes and increase it at very low incomes Melson tends to increase child support at high incomes, but reduce it at very low incomes Cassetty increases support at moderate and high incomes Fixed percentage tends to increase child support at high incomes, unless the guideline has a cap

18. EXTRA LINKS & DOC’S ARBETMAN, LEE, AND EDWARD L. O'BRIEN. STREET LAW: UNDERSTANDING LAW AND LEGAL ISSUES. COLUMBUS, OH: MCGRAW-HILL, 2010. PRINT.