What To Know When Your Divorce Includes Child Custody

Single parent homes have actually ended up being incredibly typical in America. Today over 23 million children live in a single parent home. Going through a divorce can be difficult, and when a child is involved, it can be a lot more challenging and demanding. If you have a child who is under the age of eighteen, the issue of custody will be a part of your divorce procedures. Since child custody issues are complicated, it's worth understanding all the problems that you can come across. That's what we're going to 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 certain that you seek legal advice before you take any steps forward here. You need to be sure that you are making the right choice. As soon as you have actually done this, you can reach a casual agreement utilizing a conciliator or with the decision of a judge.

Once an arrangement has actually been reached informally, this will result in a binding written legal arrangement. This can have different names consisting of a parenting agreement. The agreement will be shown to the court where it then ends up being a binding contract. At this point, the parents should accept the terms.

It is possible to reach these types of arrangements without any help from an attorney. But, if you want to make sure that you do get custody of a child, this is not recommended.

If a lawyer is included, this will typically take the type of a mediation, and that happens outside the courtroom. These scenarios are less adversarial with a neutral party dealing with conflicts. Each parent and attorney will be offered with an opportunity to make their case, and hopefully, the arrangement will be shaped through teamwork. There is a give and take to the procedures prior to the mediator, or neutral party draws up a strategy that will be completed through court.

What If An Agreement Can't Be Reached Through Mediation?

At this moment, custody must be dealt with in court. A family court will determine the custody strategy in this case, and Michigan courts utilize a 'best interest of the child' standard. Eventually, this simply means that the child's needs are put first, nevertheless, the aspects that are taken into consideration can vary from court to court.

Some of the factors that can be thought about consist of:

Living situation of individuals parents

Relationship with children

Willingness of parent to support their partner

Abuse or neglect

Some courts will also consider the child's choice. This usually implies that an older child will be enabled to voice their opinion on who they wish to stick with in court. Other courts will look at whether the parent can offer a stable lifestyle for the child as well as the age of the child in question. Some judges have leaned on the idea that younger children need to be with their mom.

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 enabled to live with you after a divorce. This can be a shared agreement with both parents acquiring this right. Generally, this is generally the favored approach by the court. It's important to be conscious that this does not need to be an equal split and one parent can be granted custody for most of the time. If parents are unable to agree on a schedule, the judge will set one up.

Sole physical custody just suggests that a child will live fulltime with one parent. While this does supply stability for the child, it can be incredibly tough 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 consent. In specific cases nevertheless, visitation rights can be limited for one parent. This is typically the case if there is the hazard of harm or an issue with abuse. Visitation rights can be challenging to understand, particularly when it concerns the rights of extended relative. If you remain in any doubt about your rights after a custody agreement, ensure you speak to your lawyer.

Legal Custody-- Do understand that physical custody does not provide legal rights to make decisions about your child's upbringing. For this, legal custody should be offered to an individual parent otherwise it will be shared. This includes choices on education, religious direction, and medical care. Normally, shared legal custody is the standard result. However, there are cases where one parent will be offered full rights here.

Are There Emotional Concerns?

There will constantly be psychological problems to contend with when a child is part of divorce proceedings. It is essential that they do not feel like a tool in a legal fight and that they are not utilized by one parent against the other. There are a few ways you can make your divorce easier for your child. Ensure that you are constantly respectful of one another through the case. Children ought to not see you yell, verbally attack each other or threaten violence.

Children are mentally dependent on the concept of their parent's relationship, especially when they are younger. You should ensure that they understand the separation has not been caused by them and that you both love them in spite of the divorce. Ensure that they are involved in the divorce procedures as little as possible. Do not try and encourage them to choose a side as this can trigger extreme stress and anxiety for the child. It is very important to pick the right lawyer who can assist you through all these concerns and make certain that your child is safeguarded from the unfavorable concerns of a divorce.

We hope this assists you understand the elements of child custody throughout a divorce case which it permits you to avoid a few of the common concerns.

Family Law