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Joint Custody and Child SupportChild support is still paid when parents have joint custody in Texas in most situations.Parents are there to "conserve and protect" their children, not merely possess a child-like an object. Joint Managing Conservatorship in Texas does not mean equal time.
Orders for child support are required in all cases involving custody, unless support has already been handled in a related case. Usually, the parent with less parenting time pays their share to the other parent, who presumably spends their own share caring for the children. Courts don't consider a parent's gender.
Although courts may consider the reasonable preference of the child in custody cases, the caveat is that the child must be deemed to be of sufficient age to participate. What does this mean in the state of Michigan? For starters, any child age 17 or older can choose the parent he/she prefers to live with.
Contrary to popular belief, there is no age in Michigan when the child can unilaterally decide which parent to live with other than after age 18. The preference of the child, however, is one of the many considerations that the judge will consider when making decisions regarding child custody or parenting time.
1 attorney answer Although a child's wishes are one factor among many the court must consider in determining the child's best interests, a minor child never gets to "decide" which parent to live with.
Determining a Child's Home StateJurisdiction will lie in the child's home state, or in a state where the child has resided for the six months prior to the filing of the action. Any parent seeking custody must also reside in the state in which the custody action is filed for six months prior to filing the action.
If the child is 12 or older, the judge may consider the wishes of the child. The judge may consider the wishes of the child as long as the judge determines that the child is "of sufficient age and capacity."
Financial responsibility for children Both parents also have a duty to support the child financially after separation, regardless of who the child lives with. Parents can manage this between themselves or apply for a child support assessment.
It is up to the judge to decide whether a child is old enough to state a preference. The judge will give more weight to this factor with children who are older or more mature. There is no age at which a child can decide where he or she wants to live.