What To Know When Your Divorce Includes Child Custody

Single parent homes have actually become extremely 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 a lot more challenging and stressful. If you have a child who is under the age of eighteen, the problem of custody will be a part of your divorce procedures. Because child custody issues are complicated, 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 agreement. It is necessary to ensure that you seek legal suggestions 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 a casual arrangement using a mediator or with the decision of a judge.

When an arrangement has been reached informally, this will lead to 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 should agree to the terms.

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

If an attorney is involved, this will usually take the form of a mediation, which occurs outside the courtroom. These scenarios are less adversarial with a neutral party dealing with disagreements. Each parent and lawyer will be offered with an opportunity to make their case, and ideally, the agreement will be formed through team effort. There is an exchange to the proceedings prior to the mediator, or neutral party draws up a plan that will be settled through court.

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

At this point, custody must be dealt with in court. A family court will figure out the custody plan in this case, and Michigan courts use a 'best interest of the child' standard. Eventually, this simply indicates that the child's needs are put initially, however, the aspects that are taken into account can vary from court to court.

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

Living situation of individuals parents

Relationship with children

Desire of parent to support their spouse

Abuse or neglect

Some courts will also consider the child's preference. This normally means that an older child will be permitted to voice their opinion on who they wish to stay with in court. Other courts will look at whether or not the parent can provide a steady lifestyle 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 mom.

What Are The Kinds Of Custody Arrangements?

There are a couple of types of custody arrangements that you can argue for or that a judge can choose:

Physical custody-- This means that a child is enabled to live with you after a divorce. This can be a shared arrangement with both parents getting this right. Typically, this is typically the preferred technique 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 not able to agree on a schedule, the judge will set one up.

Sole physical custody merely implies that a child will live fulltime with one parent. While this does provide stability for the child, it can be extremely 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 legally required to follow. This means that parents can not take their child away from their partner without their consent. In certain cases however, visitation rights can be restricted for one parent. This is normally the case if there is the danger of harm or a problem with abuse. Visitation rights can be tricky to comprehend, especially when it concerns the rights of extended family members. If you remain in any doubt about your rights after a custody agreement, make certain you speak to your lawyer.

Legal Custody-- Do be aware that physical custody does not supply legal rights to make decisions about your child's upbringing. For this, legal custody needs to be offered to an individual parent otherwise it will be shared. This consists of choices on education, spiritual instruction, and medical care. Normally, shared Legal custody is the standard result. However, there are cases where one parent will be provided total rights here.

Are There Emotional Issues?

There will always be emotional issues to contend with when a child becomes part of divorce procedures. It is very important 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 easier for your child. Ensure that you are always considerate of one another through the proceeding. 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, especially when they are younger. You must make sure that they understand the separation has not been caused by them and that you both love them in spite of the divorce. Make certain that they are associated with the divorce procedures as little as possible. Do not attempt and motivate them to select a side as this can trigger severe stress and anxiety for the child. It is essential to select the ideal lawyer who can assist you through all these problems and make certain that your child is safeguarded from the unfavorable issues of a divorce.

We hope this helps you comprehend the elements of child custody during a divorce proceeding which it enables you to prevent some of the common problems.