Wilmington Family Law Attorney

When you share children, a divorce or separation can become far more complicated than it would have otherwise been. To ensure that your child’s needs and best interests always remain the top priority, work with a highly trained Wilmington family attorney.

A divorce or separation involves many moving parts, including the division of your property and assets, the discussion of spousal support, and, perhaps most importantly, child custody and support. These issues can lead parties to feel taken advantage of if not handled correctly. The most important thing to keep in mind when working through family law issues is to always put your children first.

Although this should go without saying, it’s quite common for former couples to get so caught up in who wronged who that their children can become an afterthought in the heat of the moment. A Wilmington family law attorney at Barros, McNamara, Malkiewicz & Taylor will help you reach a manageable parenting plan so that your shared children don’t suffer any undue stress.

Child Custody Arrangements in Wilmington

When discussing your family’s child custody arrangement, doing so through mediation can be enormously helpful. Having an impartial mediator there will enable both sides to voice their wishes and concerns with the knowledge that they will be taken into consideration accordingly.

The parent with whom the children primarily reside will be deemed the custodial parent. During mediation, you can discuss whether one parent should retain legal custody of the children, making all important decisions regarding your children’s wellbeing and lifestyle, or if you want to share this responsibility in a joint legal custody agreement.

You’ll also need to formulate your visitation agreement, which would typically include the non-custodial parent being able to have the children spend a couple of overnights each week and every other weekend at their home.

When developing your visitation schedule, you should include which parent will have the children for which holidays each year and how the children will spend their time during school and summer vacations. Your family law attorney in Wilmington can help you work through these issues so that both parents can spend quality time with their children.

Establishing Child Support

The question of child support is sure to arise when you’re separating from your children’s other parent. Both parents are obligated by law to provide for their children financially, regardless of how much time they spend with them. With that being said, Delaware family courts calculate the mandated child support payments by using the Melson formula.

Child support calculations generally take into consideration the following factors:

  • How much it would cost to raise the children if the parents remained together
  • The cost of living for both parents
  • Both parents’ income
  • Other costs, including health insurance for the children, expenses for special needs, school trips, extracurricular activities, school tuition, and other costs that might arise

After examining these factors, the court may determine how much income from each parent should be applied to the children, and the non-custodial parent will provide their portion in the form of child support payments. Your family lawyer in Wilmington can go over these details with you to help you determine what you will either be paying or receiving in child support.

Meet with a Wilmington Family Lawyer

To discuss the details of your case with a qualified Wilmington family law attorney at Barros, McNamara, Malkiewicz & Taylor, simply complete the brief contact form we’ve provided at the bottom of this page or give our office a call at 302-734-8400.