A child custody case often begins friendly between the parties. In the early stages of the case, they are on the same page. Everyone thinks discussing issues will be easy. A friendly dialogue can turn into a fight. A shouting match even. It can even become physical. This is exactly how it looks when child custody becomes a battle.
Click here to watch the video When Child Custody Becomes a Battle In Michigan
It may be unreasonable to expect parties to be amiable in a child custody case. The whole scenario of divorce already presumes unreconcilable differences. Why would anyone expect anything less with child custody? If the parties were agreeable, they would not have filed for divorce. There won’t be contention on child custody.
Why it’s unrealistic to expect an amicable discussion in a child custody case? The parties to a child custody case like divorce are dealing with pain. One or both are either in pain or inflicting pain. It can be unintentional or deliberate. There are different ways and levels of dealing with pain. Some have a high tolerance for it. Others don’t and they act out. They can lash out. This fuels the confrontation depending on how the other party reacts.
One contentious question can send parties into a battle for custody of children.
Let’s deal with questions of where most of the skirmishes in a custody battle will come from.
What kind of custody will I get?
The battle will begin when one parent insists on getting exclusives. Exclusive time and care for children. Custody becomes contentious because of this way of thinking (or feeling). The court may provide custody of the child to either one or both parents. The law describes two kinds of custody: legal and physical.
Legal custody is the right to make significant decisions for your child. Having legal custody gives you the right to decide on significant matters. It could be your child’s education, health care, and religious upbringing. Physical custody refers to whom your child resides with on a daily basis. It entails caring for and directing your child.
A circuit judge makes the determination of what is in the child’s best interests. Parents can agree on a custody arrangement. Judges sign the court order allowing it. Parents have a choice of what custody arrangements they want for their children. They can choose between sole and joint custody.
Sole custody.
State statute has not defined the phrase “sole custody”. This is according to the Michigan Custody Guidelines. With sole custody, a parent can have both primary physical and primary legal custody. Physical custody goes to the parent who cares for their child most of the time. Legal custody is when one parent makes all significant decisions for the child. This includes their upbringing, their health care, education, and religious upbringing. It also means involvement in extracurricular activities.
Joint custody.
The court must take into account granting joint custody when one parent asks for it. If the parents agree to joint custody, the court must give it. Courts must do so unless it finds that it is not in the child’s best interests. Judges must justify their decisions in the official record.
Even without a parent’s request, judges have the option to consider joint custody. When deciding, judges must take into account the parents’ ability to collaborate. The parents must have broad agreement on crucial issues affecting the child’s well-being. Joint custody allows for shared legal custody, joint physical custody, or both.
Joint legal custody.
When parents share legal custody, they have the power to make choices. These choices will have a big impact on the well-being of the child. The amount of time a kid spends with each parent does not affect joint custody.
Joint physical custody.
Joint physical custody means the child will spend some time with each parent. It does not suggest the parents will share parental decision-making authority. unless the court has also given joint legal custody. A joint physical custody arrangement permits both parents’ physical custody. The court permits one parent physical custody during summer. There will be alternate weekends and alternate holidays. And then the other parent has physical custody during the school year.
Who gets the most parenting time?
In a child’s formative years, the brain is rapidly developing. Parents and the environment mold and impact all experiences of growing children. The influence of parents may never be more clear than in the formative years. Parents chart the route for their health and welfare throughout childhood and beyond. Parents can do this by supporting their children’s intellectual and physical development.
The courts will work to keep families together. They will use the state’s power to do so. Even with extraordinary circumstances, the court will not separate parents from their children. We have always talked about what is in the best interest of the kids. It is in the best interests of the kids to be in the care of loving, dependable parents.
In Michigan, parenting time refers to the time a child spends with each parent. It’s the time spent when they do not live together as a family. It is common for one parent to spend more time with the child than the other. This happens when one party gives sole physical custody to the other. While not required, parenting time is typically equal or nearly equal.
Parents can be passionate about time spent with children. The fight for parenting time can be fierce for some. Most parents do it for love. Some do it for leverage. The court backed up by statutes will actually determine the outcome.
Michigan law governs the orders about child custody and parenting time. The state law centers on what is best for the children. It offers criteria on which the court can base its decisions. The law is gender-neutral.
The same law distributes parenting time in the best interests of the child. The law establishes a presumption. A presumption that a child’s close bond with both parents is in their best interest. The statute contains considerations for the court. The court takes these into account deciding on the frequency and kind of parenting time.
Who gets to pay child support and how much?
You might think you can pull the child support amount out of thin air. You think you can argue your way to an amount or an outcome. It is this way of thinking that sparks confrontation. Insisting on what you believe or what is easy for you is not going to get you what you want. The court will decide based on what the children need. The court already has a way of doing it.
The Michigan Child Support Formula or MCSF determines the parent paying child support. And how much called “overnights”.
The “payer” is the parent who provides child support, while the “payee” is the recipient. The payee or the child can receive public assistance. The state may receive child support payments instead of the payee.
A formula calculates the amount of child support a non-custodial parent pays. It uses the MCSP. The number of kids and the income of parents determine the amount. The custody arrangement also helps determine the amount. The Michigan child support calculator provides a starting point for talks. The calculations do not represent a single cash amount. A large number of costs are not covered by child support payments using the calculator.
The non-custodial parent pays child support to help cover part of the costs of raising the child. These expenses may involve the cost of hotel, clothing, and food. There are also other expenses to consider. It includes expenses for healthcare, transportation, and education.
If the parents share custody, these expenses are shouldered by both parents. You pay child support even if you make more money or have fewer costs than the other parent.
The wisest course of action in child custody is determining a fair settlement. And guaranteeing your kids receive the financial help they need.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.