Family Law for the Paralegal

Some of the factors courts may consider when faced with a custody dispute/request are:

1. The relative availability of the parents to provide basic caretaking activities.

2. The maintenance of stability for the child.

3. The rights of parents to custody regardless of their gender, race, or religion.

4. The effect of a parental disability absent demonstrated harm to the child.

5. The impact of a parent’s sexual conduct and individual lifestyle on the child.

6. The consequences of a history of abuse against or in the presence of the child.

7. The child’s preference for a particular custodial arrangement.

8. The parents’ relative willingness and ability to implement a shared custody plan.

Mary E. Wilson, Family Law for the Paralegal 319 (3rd ed. 2017).

The most prominent approaches for applying the legal standard for making custody decisions are: “Parental Preference, Maternal Preference, Tender Years Doctrine, Best Interest of the Child, Primary Caretaker Presumption, and the American Law Institute’s Approximation Rule.” Id. at 314.

The gender role in regards to custody has become outdated or is no longer constitutional. In an excerpt from a South Carolina case, “When analyzing the right to custody as between a father and a mother, equanimity is mandated . . . The parents stand in perfect equipoise as the custody analysis begins.” Id. at 320. So the gender role will have no impact on the award of custody.

Based on the fact that Jessica has been at home with the children full-time since their birth and that Justin is away from home most of the time, custody of the children should be awarded to Jessica. Joint Legal custody should be granted to Jessica based on the fact that the children should live with Jessica and the fact that both parties should both be responsible for the major decisions regarding the children based on the fact that Justin was also involved in the activities and decisions regarding the children.

Based upon Jessica being awarded Joint Legal Custody of the children Justin should be ordered to pay child support. The guidelines for establishing child support for each state vary. The states use one of the following three approaches to designing their child support guideline formulas:

1. Percentage of income: The support amount is a fixed percentage of the noncustodial parent’s income.

2. Income shares: The incomes of both parents are combined, and a basic child support obligation is computed. The amount is then allocated between the parents in proportion to their respective incomes.

3. Melson Formula: The noncustodial parent is permitted to retain a self-support reserve for personal basic needs and then the children’s basic needs are provided for. A percentage of any remaining parental income is then applied to increase the basic support amount.

Mary E. Wilson, Family Law for the Paralegal 371 (3rd ed. 2017).

The Bible states, “I have shown you in every way, by laboring like this, that you must support the weak.” Acts 20:35. As parents, we need to support and provide for the children we bring into this world as God expects us to care for them.

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