Single parent homes have become incredibly typical 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 a lot more tough and demanding. If you have a child who is under the age of eighteen, the issue of custody will be a part of your divorce proceedings. Since Child Custody problems are made complex, it’s worth being aware of all the issues that you can experience. 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 agreement. It is important to make sure that you seek legal suggestions before you take any advances here. You need to be sure that you are making the best choice. When you have done this, you can reach an informal agreement using an arbitrator or with the decision of a judge.
When an agreement 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 revealed to the court where it then becomes a binding contract. At this moment, the parents should agree to the terms.
It is possible to reach these kinds of arrangements with no help from an attorney. But, if you want to make certain that you do get custody of a child, this is not suggested.
If a lawyer is included, this will generally take the kind of a mediation, which takes place outside the courtroom. These circumstances are less adversarial with a neutral party managing disagreements. Each parent and attorney will be offered with an opportunity to make their case, and ideally, the arrangement will be formed through team effort. There is an exchange to the proceedings before the mediator, or neutral party draws up a strategy that will be finalized through court.
What If An Agreement Can’t Be Reached Through Mediation?
At this point, custody must be dealt with in court. A family court will figure out the custody strategy in this case, and Michigan courts utilize a ‘best interest of the child’ standard. Ultimately, this just indicates that the child’s requirements are put initially, however, the elements that are taken into consideration can vary from court to court.
A few of the factors that can be considered include:
Living circumstance of individuals parents
Relationship with children
Desire of parent to support their partner
Abuse or neglect
Some courts will likewise consider the child’s choice. This usually suggests that an older child will be enabled 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 steady way of life for the child as well as 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 Types Of Custody Arrangements?
There are a couple of types of custody plans that you can argue for or that a judge can select:
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 acquiring this right. Typically, this is typically the favored method by the court. It is very important to be aware that this does not need to be an equal split and one parent can be granted custody for the majority of the time. If parents are unable to agree 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 provide stability for the child, it can be incredibly tough 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 indicates that parents can not take their child away from their partner without their approval. In certain cases nevertheless, visitation rights can be limited for one parent. This is usually the case if there is the hazard of harm or a problem with abuse. Visitation rights can be challenging to comprehend, especially when it concerns the rights of extended member of the family. If you remain in any doubt about your rights after a custody arrangement, make certain you speak with your attorney.
Legal Custody– Do be aware that physical custody does not offer 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, spiritual guideline, and healthcare. Usually, shared legal custody is the basic result. Nevertheless, there are cases where one parent will be supplied total rights here.
Are There Emotional Concerns?
There will always be psychological concerns to contend with when a child belongs to divorce procedures. It is important that they do not feel like a tool in a legal battle and that they are not used by one parent versus the other. There are a couple of methods you can make your divorce easier for your child. Make certain that you are always respectful of one another through the proceeding. Children must 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 should guarantee that they understand the separation has not been caused 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 try and motivate them to choose a side as this can trigger extreme stress and anxiety for the child. It is essential to choose the right lawyer who can direct you through all these problems and make sure that your child is safeguarded from the unfavorable concerns of a divorce.
We hope this assists you comprehend the aspects of child custody throughout a divorce proceeding and that it enables you to avoid a few of the common issues.