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 hard, and when a child is involved, it can be even more challenging 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 proceedings. Given that child custody issues are made complex, it deserves understanding all the issues that you can come across. 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 number of ways that you can reach a custody arrangement. It is essential to make certain that you seek legal recommendations before you take any advances here. You need to be sure that you are making the best decision. As soon as you have actually done this, you can reach an informal agreement using a mediator or with the choice of a judge.
As soon as an agreement has actually been reached informally, this will result in a binding written legal arrangement. This can have different names including 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 accept the terms.
It is possible to reach these kinds of arrangements with no aid from a lawyer. However, if you wish to make certain that you do get custody of a child, this is not suggested.
If a lawyer is involved, this will generally take the type of a mediation, and that happens outside the courtroom. These situations are less adversarial with a neutral party managing disputes. Each parent and attorney will be offered with a chance to make their case, and ideally, 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 finalized through court.
What If An Arrangement Can't Be Reached Through Mediation?
At this moment, custody should be handled in court. A family court will identify the custody strategy in this case, and Michigan courts utilize a 'best interest of the child' standard. Ultimately, this simply indicates that the child's requirements are put first, however, the elements that are taken into account can vary from court to court.
A few of the elements that can be considered include:
Living situation of individuals parents
Relationship with children
Desire of parent to support their spouse
Abuse or neglect
Some courts will likewise think about the child's preference. This typically means that an older child will be enabled to voice their opinion on who they want to stick with in court. Other courts will look at whether the parent can provide a stable lifestyle for the child in addition to 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 Kinds Of Custody Arrangements?
There are a few 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 agreement with both parents gaining this right. Usually, this is normally the favored technique by the court. It's important to be conscious that this does not need to be an equal split and one parent can be given 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 just suggests 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 arrangement, there will be a visitation schedule that both parents are lawfully required to follow. This implies that parents can not take their child away from their partner without their consent. In certain cases however, visitation rights can be limited for one parent. This is typically the case if there is the threat of harm or a concern with abuse. Visitation rights can be difficult to comprehend, especially when it comes to the rights of extended family members. If you remain in any doubt about your rights after a custody arrangement, make sure you speak to your attorney.
Legal Custody-- Do know that physical custody does not provide legal rights to make decisions about your child's upbringing. For this, legal custody must be offered to an individual parent otherwise it will be shared. This includes choices on education, spiritual guideline, and medical care. Usually, shared legal custody is the basic result. However, there are cases where one parent will be offered total rights here.
Are There Emotional Concerns?
There will constantly be emotional concerns to contend with when a child is part of divorce proceedings. It is very important that they do not feel like a tool in a legal battle which they are not utilized by one parent versus the other. There are a couple of methods you can make your divorce simpler for your child. Make certain that you are always respectful of one another through the case. 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 guarantee 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 attempt and encourage them to select a side as this can trigger extreme stress and anxiety for the child. It's important to pick the ideal attorney who can direct you through all these issues and ensure that your child is protected from the unfavorable concerns of a divorce.
We hope this helps you understand the elements of child custody throughout a divorce case and that it allows you to prevent some of the typical issues.
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