What To Know When Your Divorce Includes Child Custody

Single parent homes have become extremely common 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 much more tough and difficult. If you have a child who is under the age of eighteen, the issue of custody will be a part of your divorce procedures. Given that child custody problems are made complex, it deserves understanding all the concerns 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 variety of manner ins which you can reach a custody arrangement. It is necessary to ensure that you seek legal advice before you take any advances here. You need to be sure that you are making the best choice. Once you have actually done this, you can reach an informal arrangement utilizing an arbitrator or with the decision of a judge.

Once an agreement has actually been reached informally, this will lead to a binding written legal arrangement. This can have various names including a parenting agreement. The arrangement will be revealed to the court where it then ends up being a binding contract. At this point, the parents need to agree to the terms.

It is possible to reach these types of agreements without any aid from a lawyer. However, if you wish to make sure that you do get custody of a child, this is not recommended.

If a lawyer is included, this will usually take the form of a mediation, and that happens outside the courtroom. These scenarios are less adversarial with a neutral party handling disagreements. Each parent and lawyer will be offered with an opportunity to make their case, and hopefully, the agreement will be formed through teamwork. There is a give and take to the procedures before the arbitrator, or neutral party draws up a plan that will be finalized 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 determine the custody plan in this case, and Michigan courts utilize a 'best interest of the child' standard. Eventually, this simply implies that the child's needs are put initially, however, the factors that are considered can vary from court to court.

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

Living situation of individuals parents

Relationship with children

Desire of parent to support their partner

Abuse or neglect

Some courts will also consider the child's preference. This generally means that an older child will be permitted to voice their opinion on who they wish to stay with in court. Other courts will take a look at whether or not the parent can offer a steady way of life for the child along with the age of the child in question. Some judges have actually leaned on the concept that younger children need to be with their mother.

What Are The Types Of Custody Arrangements?

There are a few kinds of custody arrangements that you can argue for or that a judge can pick:

Physical custody-- This means that a child is allowed to live with you after a divorce. This can be a shared arrangement with both parents getting this right. Normally, this is normally the preferred technique by the court. It's important to be aware that this does not need to be an equal split and one parent can be approved custody for most of the time. If parents are not able to agree on a schedule, the judge will set one up.

Sole physical custody simply suggests 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 arrangement, there will be a visitation schedule that both parents are legally required to follow. This means that parents can not take their child away from their partner without their authorization. In certain cases however, visitation rights can be restricted for one parent. This is generally the case if there is the threat of harm or a concern with abuse. Visitation rights can be challenging to comprehend, particularly when it concerns the rights of extended family members. If you are in any doubt about your rights after a custody agreement, make certain you speak to your lawyer.

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 provided to an individual parent otherwise it will be shared. This consists of decisions on education, spiritual guideline, and healthcare. Usually, shared legal custody is the standard result. However, there are cases where one parent will be offered total rights here.

Are There Emotional Concerns?

There will constantly be emotional issues to contend with when a child belongs to divorce proceedings. It is necessary that they do not feel like a tool in a legal battle 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 certain that you are constantly respectful of one another through the proceeding. Children should not see you shout, verbally attack each other or threaten violence.

Children are mentally dependent on the idea of their parent's relationship, especially when they are younger. You must guarantee that they know the separation has not been caused by them and that you both love them despite the divorce. Make sure that they are associated with the divorce proceedings as little as possible. Do not try and motivate them to select a side as this can cause severe stress and anxiety for the child. It is very important to choose the ideal attorney who can direct you through all these problems and ensure that your child is protected from the unfavorable concerns of a divorce.

We hope this helps you comprehend the aspects of child custody throughout a divorce case which it allows you to avoid some of the common issues.