What To Know When Your Divorce Includes Child Custody

Single parent homes have actually become exceptionally common in America. Today over 23 million children live in a single parent home. Going through a divorce can be challenging, and when a child is involved, it can be much more tough and difficult. If you have a child who is under the age of eighteen, the problem of custody will be a part of your divorce procedures. Considering that Child Custody issues are complicated, it deserves knowing all the problems that you can encounter. That’s what we’re going to look at today.

How Do You Reach A Custody Agreement?

If you’re going through a divorce, there a variety of ways that you can reach a custody arrangement. It is essential to ensure that you look for legal advice before you take any advances here. You need to be sure that you are making the best decision. Once you have actually done this, you can reach an informal arrangement using an arbitrator or with the decision of a judge.

Once an agreement has been reached informally, this will lead to a binding written legal agreement. This can have various names including a parenting agreement. The agreement will be revealed to the court where it then becomes a binding contract. At this moment, the parents should agree to the terms.

It is possible to reach these kinds of agreements with no help from an attorney. But, if you want to make certain that you do get custody of a child, this is not suggested.

If a lawyer is included, this will generally take the kind of a mediation, and that occurs outside the courtroom. These circumstances are less adversarial with a neutral party managing conflicts. Each parent and lawyer will be supplied with a possibility to make their case, and hopefully, the agreement will be formed through teamwork. There is an exchange to the proceedings prior to the arbitrator, or neutral party draws up a strategy that will be settled through court.

What If An Arrangement Can’t Be Reached Through Mediation?

At this point, custody should be handled in court. A family court will identify the custody strategy in this case, and Michigan courts use a ‘best interest of the child’ standard. Eventually, this just indicates that the child’s needs are put first, nevertheless, the aspects that are taken into account can differ from court to court.

A few of the aspects that can be considered consist of:

Living circumstance of individuals parents

Relationship with children

Determination of parent to support their spouse

Abuse or neglect

Some courts will also think about the child’s choice. This usually means that an older child will be enabled to voice their viewpoint on who they want to stay with in court. Other courts will look at whether or not the parent can provide a steady way of life for the child in addition to the age of the child in question. Some judges have leaned on the concept that younger children need to be with their mother.

What Are The Types Of Custody Arrangements?

There are a couple of types of custody arrangements that you can argue for or that a judge can choose:

Physical custody– This means that a child is permitted to live with you after a divorce. This can be a shared agreement with both parents acquiring this right. Generally, this is typically the favored approach by the court. It is necessary to be aware that this does not need to be an equal split and one parent can be granted custody for the majority of the time. If parents are unable to settle on a schedule, the judge will set one up.

Sole physical custody merely indicates that a child will live fulltime with one parent. While this does supply stability for the child, it can be incredibly difficult for children to lose the other parent from their life.

Visitation Rights– In a custody agreement, there will be a visitation schedule that both parents are legally required to follow. This indicates that parents can not take their child away from their partner without their permission. In specific cases nevertheless, visitation rights can be limited for one parent. This is generally the case if there is the threat of harm or a problem with abuse. Visitation rights can be challenging to understand, particularly when it concerns the rights of extended family members. If you are in any doubt about your rights after a custody arrangement, ensure you talk to your attorney.

Legal Custody– Do understand that physical custody does not offer legal rights to make decisions about your child’s upbringing. For this, legal custody should be supplied to an individual parent otherwise it will be shared. This consists of choices on education, spiritual instruction, and healthcare. Usually, shared legal custody is the standard result. Nevertheless, there are cases where one parent will be provided total rights here.

Are There Emotional Concerns?

There will always be psychological concerns to contend with when a child becomes part of divorce procedures. It is necessary that they do not feel like a tool in a legal fight and that they are not used by one parent against the other. There are a few ways you can make your divorce simpler for your child. Make certain that you are always considerate of one another through the proceeding. Children need to not see you yell, verbally attack each other or threaten violence.

Children are emotionally dependent on the concept of their parent’s relationship, particularly when they are younger. You should make sure that they know the separation has not been triggered by them and that you both love them in spite of the divorce. Make sure that they are associated with the divorce proceedings as little as possible. Do not try and motivate them to pick a side as this can cause extreme stress and anxiety for the child. It is very important to select the ideal lawyer who can guide you through all these concerns and ensure that your child is protected from the negative problems of a divorce.

We hope this assists you comprehend the elements of child custody during a divorce case which it enables you to avoid some of the typical problems.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.