Single parent homes have actually ended up being extremely common in America. Today over 23 million children reside in a single parent home. Going through a divorce can be difficult, 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 concern of custody will be a part of your divorce proceedings. Since child custody issues are made complex, it deserves being aware of all the issues that you can experience. 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 agreement. It is necessary to ensure that you seek legal guidance before you take any steps forward here. You need to be sure that you are making the right decision. Once you have done this, you can reach an informal agreement utilizing a conciliator or with the decision of a judge.

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

It is possible to reach these types of arrangements with no assistance from a lawyer. However, if you wish to make sure that you do get custody of a child, this is not recommended.

If an attorney is included, this will usually take the form of a mediation, which happens outside the courtroom. These situations are less adversarial with a neutral party managing disagreements. Each parent and attorney will be offered with a possibility to make their case, and hopefully, the agreement will be shaped 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 Agreement Can’t Be Reached Through Mediation?

At this point, custody must be dealt with in court. A family court will identify the custody plan in this case, and Michigan courts use a ‘best interest of the child’ standard. Ultimately, this just suggests that the child’s requirements are put first, however, the factors that are considered can vary from court to court.

Some of the factors that can be considered include:

Living circumstance of individuals parents

Relationship with children

Determination of parent to support their spouse

Abuse or neglect

Some courts will also consider the child’s choice. This normally implies that an older child will be permitted to voice their opinion on who they wish to stick with in court. Other courts will look at whether or not the parent can supply a steady lifestyle 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 mother.

What Are The Kinds Of Custody Arrangements?

There are a few kinds of custody plans that you can argue for or that a judge can select:

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 acquiring this right. Normally, this is generally the preferred approach by the court. It’s important to be mindful 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 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 supply stability for the child, it can be exceptionally 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 consent. In specific cases nevertheless, visitation rights can be limited for one parent. This is normally the case if there is the threat of harm or a concern with abuse. Visitation rights can be tricky to understand, especially when it comes to the rights of extended family members. If you are in any doubt about your rights after a custody agreement, make sure you speak to your attorney.

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 supplied to an individual parent otherwise it will be shared. This consists of decisions on education, spiritual direction, and healthcare. Normally, shared legal custody is the standard outcome. However, there are cases where one parent will be offered full rights here.

Are There Emotional Concerns?

There will always be emotional problems to contend with when a child belongs to divorce proceedings. It is essential that they do not feel like a tool in a legal fight which they are not used by one parent against the other. There are a few ways you can make your Divorce easier for your child. Make sure that you are always considerate of one another through the case. Children need to not see you scream, 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 brought on by them and that you both love them despite the divorce. Make certain that they are involved in the divorce procedures as little as possible. Do not try and motivate them to pick a side as this can cause serious stress and anxiety for the child. It is essential to choose the ideal attorney who can assist you through all these concerns and ensure that your child is safeguarded from the unfavorable problems of a divorce.

We hope this helps you comprehend the elements of child custody throughout a divorce case which it permits you to avoid a few of the common problems.