The family court in Michigan takes matters of custody orders very seriously. There is an expectation that both parents must be faithful in following the agreement promulgated to resist any conflict affecting the child’s well-being. Divorce is already a difficult situation for a child. For this reason, custody arrangements play a role in preserving what is best for the child. Any violation of the custody guidelines moves the court to have proceedings, either contempt or habeas corpus. The answer of how does the court of Metro Detroit, Michigan enforces custody orders is solely legal. Parents are to be discouraged in bringing the matters into their own hands or try to uphold the court order by themselves.
The Right Thing to Do in Promoting the Enforcement of Custody
A violation of a custody order falls in either legal or physical custody. The former talks about shared custody but does not necessarily mean that the parent is the primary caregiver. Meanwhile, the latter describes the parent who must have custody as the immediate caterer of the child’s needs. Either breach of the agreement has the same degree of attention that the court will attend.
Role of Attorneys in Upholding Child Custody
The family lawyer will assess the deviation of the enforced custody order. There will be a motion (show cause) filing before the court to solve the impending problem. The other parent should not be held in contempt for violating the court’s order. The court will listen to the valid explanation of why such a situation occurs. In the event of wrongful taking or detention by another person, a Habeas Corpus proceeding is utilized to return immediate custody to the custodial parent or guardian. It cannot be utilized to impose any of the other civil or criminal penalties associated with contempt. Furthermore, under Michigan law, if the person who took the child was also a legal parent or guardian, the court is not compelled to award a writ of habeas corpus. Explain who you are, who your child is, and why you believe the child was illegally taken when applying for a habeas corpus.
Metro Detroit Lawyers Stand on the Breach of Custody Orders
It can be understood that any unforeseen changes in the usual dealings of divorced parents and sharing custody will be hard to bear. However, the court will not favor any further breach by taking matters into one’s hands. By this, an appropriate response is to ask for legal advice. In doing so, one can be safe from any misconduct that may put one’s rights at risk. The other party could use this against the one violated, influencing the court evaluation.
Go to your lawyer or seek advice from the nearest family law firms. The advantage of asking for help from family lawyers is that they specialize in cases concerning the family that will give you the attention you need. Goldman and Associates Law Firm can discuss with you how the court of Metro Detroit, Michigan enforces custody orders. They are excellent in this field through their years of experience and knowledge. Do not hesitate to ask for help if your ex-spouse violates the court order. You may visit their website for more information.