What To Know When Your Divorce Involves Child Custody

Single parent homes have become exceptionally typical 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 even 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 proceedings. Given that child custody concerns are made complex, it deserves being aware of all the concerns that you can encounter. That's what we're going to take a look at today.

How Do You Reach A Custody Agreement?

If you're going through a divorce, there a number of manner ins which you can reach a custody arrangement. It is important to make certain that you look for legal suggestions before you take any steps forward here. You need to be sure that you are making the best decision. When you have done this, you can reach an informal agreement using an arbitrator or with the choice of a judge.

As soon as an arrangement has been reached informally, this will result in a binding written legal agreement. This can have various names including a parenting agreement. The agreement will be shown to the court where it then ends up being a binding contract. At this moment, the parents need to accept the terms.

It is possible to reach these types of agreements with no aid from a lawyer. But, if you want to make certain that you do get custody of a child, this is not advised.

If an attorney is included, this will normally take the form of a mediation, which happens outside the courtroom. These scenarios are less adversarial with a neutral party dealing with disputes. Each parent and attorney will be provided with a chance to make their case, and hopefully, the agreement will be formed through teamwork. There is an exchange to the procedures before the conciliator, or neutral party prepares a plan that will be finalized through court.

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

At this point, custody needs to 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. Eventually, this just implies that the child's requirements are put initially, however, the factors that are taken into account can differ from court to court.

A few of the factors that can be considered include:

Living situation of individuals parents

Relationship with children

Determination of parent to support their partner

Abuse or neglect

Some courts will also consider the child's choice. This typically indicates that an older child will be allowed to voice their opinion on who they want to stick with in court. Other courts will take a look at whether the parent can provide a stable way of life for the child along with the age of the child in question. Some judges have leaned on the idea that younger children need to be with their mother.

What Are The Kinds Of Custody Arrangements?

There are a couple of types of custody plans that you can argue for or that a judge can decide on:

Physical custody-- This means that a child is allowed to live with you after a divorce. This can be a shared agreement with both parents getting this right. Normally, this is generally the favored 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 given custody for most of the time. If parents are unable to settle on a schedule, the judge will set one up.

Sole physical custody merely suggests that a child will live fulltime with one parent. While this does supply stability for the child, it can be extremely 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 needed to follow. This means that parents can not take their child away from their partner without their consent. In particular cases nevertheless, visitation rights can be restricted for one parent. This is generally the case if there is the hazard of harm or an issue with abuse. Visitation rights can be challenging to understand, especially when it pertains to the rights of extended member of the family. If you are in any doubt about your rights after a custody arrangement, make certain you speak to your lawyer.

Legal Custody-- Do know that physical custody does not offer legal rights to make decisions about your child's upbringing. For this, legal custody should be provided to an individual parent otherwise it will be shared. This includes choices on education, spiritual instruction, and healthcare. Generally, shared legal custody is the standard outcome. However, there are cases where one parent will be supplied total rights here.

Are There Emotional Issues?

There will constantly be psychological issues to contend with when a child belongs to divorce procedures. It is necessary that they do not feel like a tool in a legal battle which they are not utilized by one parent against the other. There are a couple of methods you can make your divorce simpler for your child. Ensure that you are constantly considerate of one another through the case. Children need to not see you shout, verbally attack each other or threaten violence.

Children are emotionally dependent on the idea of their parent's relationship, particularly when they are younger. You must ensure that they understand the separation has not been caused by them and that you both love them despite 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 cause serious stress and anxiety for the child. It is necessary to select the ideal attorney who can guide you through all these problems and ensure that your child is safeguarded from the negative issues of a divorce.

We hope this assists you comprehend the aspects of child custody during a Divorce proceeding which it permits you to avoid a few of the common problems.