Are you worried about losing custody of your children? Most people who ought to be concerned about it because of their behavior, their neglect, or their abuse aren’t. The folks who are truly concerned about it definitely don’t need to be.
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The outcomes of a custody dispute are unknown to us. The fact is that the best interest factors are always taken into account by courts. In child custody cases, courts make decisions very slowly and in little steps. It’s not for a lack of knowledge or effectiveness; rather, it’s being purposeful in reaching its findings. A dozen considerations used to determine a child’s best interest are taken carefully by the court when considering long-term custody issues.
What Does the Court Look for in Child Custody Cases?
It is less about you versus the other spouse in a custody battle and more about your capacity to consider what is best for your child. Therefore, in order to defend oneself against a divorce complaint, nothing is truly required of you. A “no-fault” divorce is legal in Michigan. There is no justification required for divorce. However, if you’re discussing child custody, it’s probably something you should consider.
The judge has the authority to impose various custody arrangements. If the judge decides it is in the child’s best interests, she or he might sign the court order establishing the custody arrangement with the approval of both parents.
We posted an article, “What Do Judges Look for in Custody Cases in Michigan?” describing in much detail what the court looks for in determining who ultimately gets custody of the child.
There are two very important considerations the family court look at when doing a custody determination: the established custodial environment of the child and the best interest factors.
The Established Custodial Environment of the Child
The existence of an established custodial environment must be proven before the court can issue a new custody order or modify an existing one. The law stipulates that the custodial environment of a child is formed if, for a significant amount of time, the child naturally looks to the custodian in that environment for direction, discipline, basic needs, and parental comfort. The child’s age, the environment in which he or she lives, and the child’s and the custodian’s preferences for a long-term connection must all be taken into account.
The law also stipulates custody arrangements for children should not be altered whenever possible. To minimize any misunderstandings, the judge will always ask one or both parents about the child’s established custodial environment, or ECE, before making any decisions. If so, additional details would be needed before a judge could make a change to the current situation.
When deciding whether there is an ECE, the judge takes into account the child’s life. Does the child depend on one or both of the parents for support, affection, and other requirements like food and shelter, for example? Is the child old enough to have had some experience with the current situation?
The Best Interest Factors
When parents dispute over the custody of their children, it’s simple for them to prioritize their own wants and needs over what would be best for the children. The majority of Michigan families settle their divorce or child custody dispute out of court using mediation or a negotiated settlement. They might decide that a joint custody arrangement is ideal for the children, or that one parent will serve as the primary caregiver.
It may be necessary for a court to make a decision in a case regarding what is best for the child or children. When that occurs, courts and family law practitioners are guided by the Child Custody Act’s “best interest factors.” This set of 12 factors ensures custody decisions are centered on the child’s interests, placing them at the center of the dispute.
Each parent will be given the chance to speak on the factors related to the best interests of the child during the hearing on custody and parenting time. When determining what is in the child’s best interests, the court may not be obligated by law to consider all factors equally. The judge decides how much importance to assign to each factor.
What Will Make Me Lose Child Custody?
For a variety of reasons, parents could lose custody of their children. In Michigan, custody battles are frequently resolved through the legal system. The court looks at the relationships you have with your child and spouse. Your behavior will be thoroughly monitored. We published an article, “3 Reasons Parents Lose Custody of Their Kids in Michigan” to explain the circumstances parents may lose custody of their children.
Let’s briefly mention the three reasons you can lose custody of your children.
Reason 1: Failing to Comply with Court Orders
You want to make a point of not allowing your ex to see the children because you have custody and don’t get along with your ex. You want to relish seeing how difficult it is for your ex to be away from the children. Therefore, it is not surprising that restricting a parent’s ability to see their children is a way to strike revenge against the parent who is allegedly abusing them.
Keep in mind that the chance for the parenting time you both apparently deserve was made possible by a court order. It’s a judicial directive. There are consequences and punishments if a court order is broken and the parent is denied access to the children.
Reason 2: Abuse and Neglect of Children
Child abuse in Michigan is defined as sexual abuse, sexual exploitation, or mistreatment by a parent, legal guardian, or any other person responsible for the child’s care. This includes any damage to a child’s health or welfare that results from a non-accidental physical or mental injury, as well as any danger of such harm.
When a parent, guardian, or other adult fails to provide for a child’s basic needs, it is considered child neglect. These necessities include having access to food, water, clothing, and a safe place to live. Another illustration of this is failing to give a child the proper care and education.
In the event that parents are unable to care for their children personally, they must arrange for someone else to do so. A court may declare a parent’s parental rights to be revoked if they leave their child at home alone since the court may view this as having abandoned the child.
Reason 3: Alienating the Other Parent
Never express displeasure with your spouse in front of your children. This causes injury to their delicate psyches and makes the process challenging for them because the children are unduly included in the conflict between you and your ex-spouse. When you must contend with a vengeful spouse or an ex who has the malicious spouse syndrome, it can be challenging to control your criticism and sometimes even your anger.
It is crucial to maintain emotional control even if it can be challenging in stressful situations like divorce or a child custody dispute. You may feel tempted to give in to your emotions and explode in a rage, but you must resist the urge. A parent who exhibits strong, volatile emotions, particularly ones like fury, is less likely to be granted custody of a child by a court in Michigan. Even if your partner is angry and bitter, it is best to refrain from giving in to their demands because doing so will only make your situation worse.
Despite your opinion, the other parent hasn’t done anything to deserve it, they must always be respected. The court will have the opportunity to see why you are the best person to represent the child’s interests by virtue of your honorable actions, which will also serve to protect your child. Simply put, you shouldn’t chastise or disparage your spouse in front of others.
Should I Worry About My Custody Case?
Parents who are doing the right things and desiring the best for their children ironically are also the most anxious about the probable outcome of their child custody case. If you have constantly the best interest of your child in mind, the court will in all likelihood rule in your favor. However, if well-intentioned you have to be conscious of things that will most likely be used against you.
We put together some dumb and shameless things a parent can do to get in trouble in a custody case. There’s a list of these things in our article, “What Evidence Can Be Used in a Custody Battle in Michigan?” describing the awful things parents do to compromise themselves with the court in an ongoing custody case.
Of course, aside from the everyday stupid things, parents can do disobedience to lawful court orders. Second only to performing poorly in court and in your personal life, nothing will destroy your case more quickly than disobeying court orders. Even though this won’t always result in you losing custody on its own, the court will normally see it as a sign that you scorn their authority.
Here are some more worth mentioning and definitely the ones you need to avoid doing.
Being dishonest
Never let lying or being unfaithful to your partner or spouse pass. Your dishonesty could unduly damage or complicate your child custody case as these are often grounds for dismissal by the court.
Clients can make matters worse by withholding facts from your attorney, increasing the likelihood your attorney will be caught off guard in court. By giving your attorney the whole picture, they will be able to fully comprehend the nuances of your case and decide on the best course of action.
Abusing alcohol or failure to deal with substance abuse.
When you abuse alcohol or drugs, especially when your child is around, your ex has even more reason to be upset with you because you are hurting your child. You must use caution to avoid doing anything that could put your child in danger.
The child’s best interests are considered while determining child custody in Michigan. Although addressing the disease of substance abuse is difficult, if you habitually abuse alcohol or drugs, you should get help. It is undeniable that a parent’s drug or alcohol usage can have a detrimental effect on their child’s development; the court will consider this as a lifestyle choice. For the same reason, we strongly advise avoiding posting images of you consuming alcohol or drugs on social media.
Digitally generating evidence against oneself.
If you post angry rants on Facebook or Instagram or send an angry text to the other parent, you can find yourself at a disadvantage in a Michigan family court. Avoid sharing any pictures, videos, or other materials on social media that can give the impression that you are unfit to be a parent to the court. If people see pictures or videos of you drinking or taking drugs, it won’t do you any good.
Venomous, angry, or violent messages could be used as evidence in your child custody case, causing you irreparable injury. Do not remark on anything your partner or ex-partner posts online or engage in a virtual tit-for-tat.
Unwillingness to accommodate the child’s best interests.
If there are no abuse issues, Michigan courts prefer joint custody arrangements. With engagement, love, and support from both parents, it is believed that a child would thrive. If you are disrespectful or unable to cooperate with them, you can find that the other parent receives more parenting time.
In many circumstances, you can even come to a good parenting arrangement without the assistance of the court if you and the other parent are able to agree to collaborative conversations. But if you refuse to make the necessary concessions, you might not be able to achieve this goal, and the custody dispute trial could use your actions against you.
Failure to engage a family law attorney
If you are engaging in many of the stupid and dishonorable behaviors listed above, you are either not paying attention to sound advice or no one is offering it to you. It strongly suggests that you don’t have a competent lawyer. A good one will never tolerate all the foolish and despicable behaviors mentioned above.
Working with a competent attorney is a requirement if you are sincere about securing your child’s best interests and protecting your personal interests during the child custody proceeding. The behavior that is most convincing to the court is your efforts to act in your child’s best interests.
As long as you have your child’s best interest constantly in mind, you don’t have to worry about losing custody of your child.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.