San Francisco Child Support & Custody Attorneys

Frequently Asked Questions

• How is child support determined?

Child support is calculated by a formula that takes into account each parent’s income and the number of children in need of support.  In addition, a judge will also weigh in other factors, such as which parent has custody of the child, each parent’s financial stability, which parent pays for the child’s medical insurance, if the child requires special medical or education expenses, which parent claims the child on his/her taxes, etc.

• How long will I have to pay child support?

Child support is typically paid until the child reaches the age of 18.  However, in some circumstances a judge may extend child support payments to help cover educational or medical expenses.

• Can child support be modified?

Yes.  Child support payments can be modified to a lower or higher amount with approval from the court.  If you are interested in modifying your child support payments, a San Francisco child support lawyer at our firm can help you file the appropriate paperwork and begin preparing an argument to present to the judge.

• What are the different types of child custody?

There are two types of child custody: physical custody and legal custody.  Physical custody refers to which parent the child lives with. Legal custody refers to which parent has the authority to make legal decisions on behalf of the child. Both physical and legal custody can be granted to jointly to both parents, or solely to one parent.

• What factors will a judge take into consideration to determine child custody?

Above all else, the judge is most concerned with what’s in the child’s best interest.  Other factors the judge will consider when determining child custody include:

• Each parent’s lifestyle
• Each parent’s physical and mental health
• Each parent’s income and financial security
• Each parent’s willingness and ability to care for the child
• The relationship between the child and each parent
• The child’s current lifestyle and routine
• The child’s preference (in some cases)
• Can I still see my children if I’m not awarded custody?

Yes.  If you were not awarded physical custody of your children, the judge will most likely grant you visitation rights, as long as it’s in the best interest of the children.  With visitation rights, you will have the opportunity to see and spend time with your children on specified days and times.

• Can my child decide who he or she wants to live with?

In some cases a judge will uphold a child’s wishes in regards to which parent he/she wants lives with.   However, this consideration is only extended to children above the age of 13, but sometimes as young as 12.  Furthermore, the judge will only uphold the child’s decision if he/she feels it’s in the best interest of the child.

To learn more about child custody and child support, click here to contact our law firm today!