Single parent homes have become exceptionally common in America. Today over 23 million children reside in a single parent home. Going through a divorce can be tough, and when a child is involved, it can be much more challenging and demanding. If you have a child who is under the age of eighteen, the problem of custody will be a part of your divorce proceedings. Given that child custody problems are made complex, it deserves being aware of all the issues that you can come across. That’s what we’re going to take a look at today.
How Do You Reach A Custody Arrangement?
If you’re going through a divorce, there a number of manner ins which you can reach a custody agreement. It is necessary to make sure that you seek legal advice before you take any advances here. You need to be sure that you are making the right choice. As soon as you have done this, you can reach a casual agreement utilizing a mediator or with the decision of a judge.
As soon as an agreement has been reached informally, this will result in a binding written legal arrangement. This can have numerous names consisting of a parenting agreement. The arrangement will be shown to the court where it then becomes a binding contract. At this moment, the parents need to consent to the terms.
It is possible to reach these types of arrangements with no help from a lawyer. However, if you want to make sure that you do get custody of a child, this is not suggested.
If a lawyer is included, this will typically take the type of a mediation, which occurs outside the courtroom. These situations are less adversarial with a neutral party dealing with conflicts. Each parent and lawyer will be supplied with a possibility to make their case, and ideally, the arrangement will be formed through teamwork. There is an exchange to the procedures prior to the conciliator, or neutral party draws up a strategy that will be finalized through court.
What If An Arrangement Can’t Be Reached Through Mediation?
At this moment, custody should be dealt with in court. A family court will determine the custody plan in this case, and Michigan courts use a ‘best interest of the child’ standard. Ultimately, this just means that the child’s needs are put initially, nevertheless, the aspects that are taken into consideration can vary from court to court.
A few of the elements that can be considered consist of:
Living circumstance of individuals parents
Relationship with children
Desire of parent to support their partner
Abuse or neglect
Some courts will likewise think about the child’s preference. This generally suggests that an older child will be enabled to voice their viewpoint on who they want to stay with in court. Other courts will take a look at whether or not the parent can supply a steady way of life for the child as well as the age of the child in question. Some judges have actually leaned on the concept that younger children need to be with their mom.
What Are The Types Of Custody Arrangements?
There are a couple of types of custody plans that you can argue for or that a judge can pick:
Physical custody– This means that a child is enabled to live with you after a divorce. This can be a shared arrangement with both parents gaining this right. Normally, this is normally the preferred approach by the court. It’s important 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 not able to settle on a schedule, the judge will set one up.
Sole physical custody simply implies that a child will live fulltime with one parent. While this does provide 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 lawfully required to follow. This indicates that parents can not take their child away from their partner without their authorization. In particular cases however, visitation rights can be limited for one parent. This is generally the case if there is the threat of harm or a concern with abuse. Visitation rights can be difficult to comprehend, particularly when it pertains to the rights of extended relative. If you are in any doubt about your rights after a custody arrangement, ensure you talk to your lawyer.
Legal Custody– Do be aware that physical custody does not supply legal rights to make decisions about your child’s upbringing. For this, legal custody needs to be supplied to an individual parent otherwise it will be shared. This includes decisions on education, religious guideline, and medical care. Usually, shared legal custody is the standard outcome. However, there are cases where one parent will be provided full rights here.
Are There Emotional Concerns?
There will always be emotional problems to contend with when a child belongs to divorce procedures. It is important that they do not feel like a tool in a legal fight which they are not used by one parent versus the other. There are a few methods you can make your divorce simpler for your child. Make sure that you are always considerate of one another through the case. Children must not see you scream, 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 need to guarantee that they know the separation has not been brought on by them and that you both love them in spite of the divorce. Ensure that they are involved in the divorce proceedings as little as possible. Do not attempt and encourage them to pick a side as this can trigger severe stress and anxiety for the child. It is essential to pick the right lawyer who can guide you through all these problems and make certain that your child is safeguarded from the negative concerns of a divorce.
We hope this assists you comprehend the elements of child custody throughout a divorce proceeding and that it permits you to prevent some of the typical issues.