Custody Types

• Most of the time, parents have joint legal custody, meaning both parents can make decisions in raising the child. The parent with whom the child lives most of the time is said to have full physical custody. Some parents with full physical custody assume they do not have to pay child support, but that's not always true.
  
  

Separation of Custody and Support

• In the eyes of the court, custody and child support are independent issues. What matters most to the court is the safety and well-being of the child. The court looks at whether you and the non-custodial parent can provide a good environment for the child, which includes income considerations. If the non-custodial parent has visitation rights and doesn't have the financial means to enforce those rights, the courts may ask the custodial parent to provide some support.
  
  

Right to Petition

• Child support and full custody are not necessarily static arrangements. The custodial or non-custodial parent can petition the court for changes to custody or support arrangements if circumstances change. Custodial parents should never assume that they will never be asked to pay child support.
  
  

Child Rights

• You may not want to pay child support to the non-custodial parent, especially if you feel he has been irresponsible in the past. However, the courts recognize that your child has rights, just as you and the non-custodial parent have rights. Your child legally is entitled to stay well while with the non-custodial parent.
  
  

Considerations

• Child support usually goes through the court, but you may offer your own child support to the non-custodial parent even if the court doesn't order it. You may want to do this if you have a good relationship with your ex and feel confident he could care for your child if he were more financially stable. If you provide such support, it's a good idea to document everything you give for tax and legal purposes.