Single parent homes have ended up being incredibly typical in America. Today over 23 million children live in a single parent home. Going through a divorce can be challenging, and when a child is involved, it can be even more tough and stressful. If you have a child who is under the age of eighteen, the issue of custody will be a part of your Divorce procedures. Considering that child custody issues are made complex, it deserves being aware of all the problems that you can encounter. 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 variety of manner ins which you can reach a custody arrangement. It is essential to make sure that you look for legal advice before you take any advances here. You need to be sure that you are making the ideal decision. As soon as you have actually done this, you can reach a casual agreement utilizing a mediator or with the decision of a judge.
Once an arrangement has been reached informally, this will result in a binding written legal arrangement. This can have numerous names including 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 kinds of agreements without any assistance 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 generally take the kind of a mediation, and that takes place outside the courtroom. These circumstances are less adversarial with a neutral party dealing with disputes. Each parent and attorney will be supplied with an opportunity to make their case, and ideally, the agreement will be formed through teamwork. There is an exchange to the procedures before the arbitrator, or neutral party draws up a strategy that will be completed through court.
What If An Arrangement Can’t Be Reached Through Mediation?
At this moment, 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. Ultimately, this just implies that the child’s requirements are put first, however, the aspects that are taken into account can vary from court to court.
Some of the aspects that can be thought about include:
Living situation of individuals parents
Relationship with children
Determination of parent to support their partner
Abuse or neglect
Some courts will also think about the child’s choice. This usually means that an older child will be allowed to voice their opinion on who they want to stay with in court. Other courts will take a look at whether the parent can provide a steady way of life for the child along with the age of the child in question. Some judges have leaned on the concept that younger children need to be with their mom.
What Are The Kinds Of Custody Arrangements?
There are a few types of custody arrangements that you can argue for or that a judge can select:
Physical custody– This means that a child is permitted to live with you after a divorce. This can be a shared agreement with both parents gaining this right. Generally, this is typically the preferred approach by the court. It is essential to be mindful 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 unable to settle on a schedule, the judge will set one up.
Sole physical custody just implies that a child will live fulltime with one parent. While this does supply stability for the child, it can be incredibly challenging 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 implies that parents can not take their child away from their partner without their authorization. In certain cases nevertheless, visitation rights can be restricted for one parent. This is normally the case if there is the hazard of harm or a concern with abuse. Visitation rights can be challenging to comprehend, particularly when it comes to the rights of extended relative. If you remain in any doubt about your rights after a custody agreement, make sure you speak with your attorney.
Legal Custody– Do understand that physical custody does not supply 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 consists of decisions on education, religious instruction, and medical care. Generally, shared legal custody is the basic outcome. However, there are cases where one parent will be supplied full rights here.
Are There Emotional Issues?
There will always be emotional concerns to contend with when a child becomes part of divorce procedures. It is essential that they do not feel like a tool in a legal fight and that they are not utilized by one parent versus the other. There are a few ways you can make your divorce easier for your child. Make certain that you are constantly respectful of one another through the proceeding. Children ought to not see you yell, verbally attack each other or threaten violence.
Children are emotionally 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 triggered by them and that you both love them in spite of the divorce. Make sure 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 cause severe stress and anxiety for the child. It is very important to pick the ideal lawyer who can assist you through all these concerns and make certain that your child is protected from the negative issues of a divorce.
We hope this helps you comprehend the aspects of child custody during a divorce case and that it permits you to avoid some of the typical problems.