Single parent homes have become 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 problem of custody will be a part of your Divorce procedures. Since child custody concerns are made complex, it deserves being aware of all the concerns that you can experience. 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 arrangement. It is important to ensure that you look for legal advice before you take any steps forward here. You need to be sure that you are making the best decision. When you have actually done this, you can reach an informal arrangement utilizing an arbitrator or with the decision of a judge.
As soon as an agreement has been reached informally, this will lead to 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 becomes a binding contract. At this point, the parents need to consent to the terms.
It is possible to reach these types of arrangements without any assistance from a lawyer. However, if you want to make sure that you do get custody of a child, this is not suggested.
If an attorney is involved, this will generally take the kind of a mediation, and that happens outside the courtroom. These circumstances are less adversarial with a neutral party managing conflicts. Each parent and attorney will be offered with a chance to make their case, and ideally, the agreement will be shaped through teamwork. There is a give and take to the procedures before the conciliator, 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 needs to be dealt with in court. A family court will figure out the custody strategy in this case, and Michigan courts use a ‘best interest of the child’ standard. Eventually, this just means that the child’s needs are put first, however, the aspects that are considered can differ from court to court.
A few of the aspects that can be thought about include:
Living circumstance of individuals parents
Relationship with children
Desire of parent to support their partner
Abuse or neglect
Some courts will also think about the child’s preference. This typically means that an older child will be permitted to voice their opinion on who they want to stay with in court. Other courts will look at whether or not the parent can offer a steady lifestyle for the child in addition to the age of the child in question. Some judges have actually leaned on the idea that younger children need to be with their mother.
What Are The Types Of Custody Arrangements?
There are a few types of custody plans that you can argue for or that a judge can decide on:
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. Typically, this is usually the preferred 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 not able to settle on a schedule, the judge will set one up.
Sole physical custody simply means that a child will live fulltime with one parent. While this does offer stability for the child, it can be incredibly hard 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 needed to follow. This suggests that parents can not take their child away from their partner without their consent. In particular cases nevertheless, visitation rights can be limited for one parent. This is typically the case if there is the risk of harm or an issue with abuse. Visitation rights can be difficult 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 talk to your lawyer.
Legal Custody– Do be aware that physical custody does not provide 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 consists of decisions on education, religious direction, and healthcare. Normally, shared legal custody is the standard outcome. However, there are cases where one parent will be provided full rights here.
Are There Emotional Issues?
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 used by one parent versus the other. There are a couple of methods you can make your divorce simpler for your child. Make sure that you are constantly respectful of one another through the case. Children should not see you yell, verbally attack each other or threaten violence.
Children are mentally dependent on the concept of their parent’s relationship, particularly when they are younger. You need to ensure that they know the separation has not been brought on by them and that you both love them regardless of the divorce. Make sure that they are involved in the divorce procedures as little as possible. Do not try and encourage them to pick a side as this can trigger serious stress and anxiety for the child. It is essential to pick the best attorney who can guide you through all these issues and ensure that your child is safeguarded from the negative issues of a divorce.
We hope this helps you comprehend the aspects of child custody during a divorce case which it allows you to prevent some of the typical concerns.