To build our child’s character, we are supposed to instill discipline. How far can we instill discipline without crossing the line towards child abuse?

Click here to watch the video What Is Considered Child Abuse in Michigan?

People talk a lot about child abuse without really defining what is child abuse. The definition of child abuse is very much an evolving standard. Even the process of determining child abuse from a medical perspective is also evolving. Lack of awareness carries consequences.

In The Old Days, Discipline Was Easily Dispensed

Those who are parents and grandparents today, can look back to the old days and remember how non-compliance in the household was dealt with.

For a parent to “whack” their kids for non-compliance was sort of run of the mill. If you did something wrong you get the belt. At times it was with the hands, sometimes it was with the belt. You get spanked on the bottom. These things happen. It was just a part of raising kids.

If you’re an avid fan of “I Love Lucy” back then, there was an old episode of “I Love Lucy” where Ricky Ricardo played the husband of the character Lucy. Ricky Ricardo took his wife Lucy who was always wild and vicious. And literally, put her over his knee and spank her for doing something.

People today will be thinking and realizing how our society was. It wasn’t unusual for a head of a household to do that. Meaning spanking somebody in the family for acting out. People back then did that.

Nowadays people don’t really exercise corporeal punishment. They don’t smack their kids. They could actually, and it is within their rights to do so. It’s not illegal because sometimes it has to happen among parents and kids.

There is, however, a difference between discipline and abuse.

Discipline can become abuse if taken too far. If your kid gets out of line and curses at you, you smack her in the face. It will not necessarily be anything little above discipline. If you take a wooden hanger and use it on your kid, then we’re talking about abuse.

The law has some definition of what is permitted. Current statute does not restrict a parent or guardian from disciplining a child in a reasonable manner, including by using force that is appropriate under the circumstances, or any other person authorized by the parent or guardian or permitted by law.

How does the court see child abuse?

There are different levels in the process of defining abuse. Neglect is also in some way a kind of abuse. If you don’t feed your child it’s really what we call neglect.

But it falls into the abuse and neglect category.

The court is probably if they have to, going to look at what you did. They’re going to judge your conduct based on what was reasonable and what was appropriate for you, for the child, and for the circumstance in the community.

You have to realize a standard for defining abuse is like a moving target.

You might get caught in a situation where you need to show you’re not guilty of abuse. If you are, will you be able to show it based on the standards, based on the conduct, based on what goes on in the community, and based on what is appropriate?

If ever you are in such a situation, will you be able to show you acted within the appropriate boundaries mentioned?

Let’s find out how the court sees child abuse.

The Truth About Child Abuse The Court Actually Sees

Let’s do some common ground in understanding the words the court might use. Let’s disassemble two words: child and abuse.

A person who is younger than 18 years old and has not attained legal emancipation is referred to as a “Child.”

Abuse encompasses the use of the following words.

“Cruel” refers to something that is cruel, inhumane, sadistic, or torturous.

“Omission” refers to a child being purposefully abandoned or not being given the required food, clothing, or shelter for their welfare.

Any harm to a child’s bodily state is referred to as “physical harm.”

“Serious physical harm” refers to any physical harm to a child that gravely compromises the child’s health or physical well-being, such as brain damage, a fractured skull or bone, a subdural hematoma, a dislocation, a sprain, an internal injury, poisoning, a burn or scald, or a deep cut.

“Serious mental harm” is defined as an injury to a child’s mental well-being or condition that is not necessarily permanent but nevertheless produces clearly discernible manifestations of a significant disorder of thought or mood that materially impairs behavior, judgment, the ability to recognize reality, or the capacity to cope with day-to-day demands of life.

Any of those words mentioned together with your name isn’t going to be good for you.

If you ask the courts, they will always defer to current statutes.  Technically, the law defines child abuse in a matter of degrees.

Here’s how the law sees child abuse and this is where you will understand about the law defining it in a matter of degrees.

The following situations constitute fourth-degree child abuse for the offender:

There’s a certain degree of child abuse offense considered a misdemeanor. It is a misdemeanor when a kid suffers physical harm as a result of the person’s negligence or carelessness. Or, regardless of whether physical harm occurs, the conduct was committed knowingly or purposefully and places a child at an unreasonable risk of harm or injury.

The court will find you in this case guilty in the fourth degree.

The next level of child abuse is called third-degree child abuse. This happens when an individual intentionally or knowingly harms a kid physically. That person intentionally or knowingly commits a crime that, given the circumstances, puts a child at an unreasonable danger of harm or injury, and the crime causes actual bodily harm to a child.

The second-degree child abuse offense is a bit more serious. It becomes child abuse in the second degree when the person’s careless action results in a kid suffering from a serious physical or mental injury as a result of their omission, or vice versa. Regardless of whether harm occurs, the conduct was done knowingly or intentionally with the aim to seriously injure a child’s bodily or mental health. 

Here’s where serious consequences will follow.

If the person’s careless action results in a kid suffering from a serious physical or mental injury as a result of their omission, or vice versa. Or, regardless of whether harm occurs, the conduct was done knowingly or intentionally with the aim to seriously injure a child’s bodily or mental health. And, regardless of whether an injury is caused, the act is cruel to a child and is done knowingly or willfully, that act is considered first-degree abuse. This degree carries a much heavier consequence.

How the Medical Experts See The Truth About Child Abuse

The interesting thing about the medical practice supporting the scientific evaluation of child abuse is the field called child abuse pediatrics. It is now a sub-specialty in pediatrics dealing primarily with determining and isolating injuries constituting child abuse.

In order to make a medical diagnosis, doctors must choose, compile, and record pertinent information from the wealth of data provided by patients and families. In order to generate and arrange a list of potential diagnoses, the patient’s principal complaint, history of the current illness, past medical history, family and social background, and current risk markers for disease are gathered.

Similar to other medical diagnostics, the medical evaluation of suspected child physical abuse employs an iterative process of differential diagnosis. To the usual method of diagnosis as well as to the process of documentation in the consultation note, the medical diagnosis of child physical abuse has special components that could provide difficulties.

Child abuse consultations must inform outside authorities such as children’s protection services, the police, attorneys, and judges, in contrast to standard medical consultations, in which a doctor writes a consultation designed to inform other medical professionals.

Clinicians who undertake the care of abused children are aware of the varied purposes for which their medical evaluation and documentation will be used. 

The possibility of court involvement is present throughout the medical evaluation, even though the majority of child abuse consultations do not result in legal action. 

The Monumental Consequence Of Child Abuse Is Years in Prison

As mentioned earlier, the definition of child abuse comes in a matter of degrees, and so goes the punishment if you are found guilty of committing child abuse. Make no mistake about this, regardless of the degree, the offender will go to prison.

Like we said, it comes in degrees.

The fourth degree of child abuse is a misdemeanor, which carries a maximum one-year sentence in jail.

Third-degree child abuse is a crime punishable by up to two years in prison.

Second-degree child abuse is a felony also punished by imprisonment. If you are found guilty the penalty can be not more than 10 years for a first offense; and not more than 20 years for a second or subsequent offense.

First-degree child abuse is a felony punishable by life in prison or any number of years.

If you think, you are on the borderline of any degree above, please talk to your lawyer today!

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Does it matter if your ex refuses to sign the divorce papers? Probably not! It truly depends on the particular divorce documents in question. The divorce papers you’re referring to are often the first documents you send with the acknowledgment of service. Your ex won’t acknowledge receipt by signing off on the document.

Your ex’s refusal to sign shouldn’t stop you.

Click here to watch the video What If My Ex Refuses To Sign Divorce Papers In Michigan?

There are several things you can file in court if they won’t recognize receiving the papers. These things can indicate an alternative method of serving them. There might be a method of evasion. To confirm that they have been served and have indeed received it, you can file the necessary updates with the court.

What Can My Spouse Do to Stop the Divorce?

Your spouse does not have to consent to the divorce. Therefore, the first thing you should do if your spouse refuses to sign the divorce papers is to acknowledge that you do not require their approval in order to obtain a divorce. If you have filed for divorce in Michigan but your spouse won’t sign the documents, you might be worried that you will have to deal with a protracted process that might go on for years. 

Even if your spouse won’t sign the documents, the case will go forward anyway. However, it’s crucial to realize that just because your spouse refuses to sign the divorce papers, doesn’t mean they can stop you from obtaining a divorce.

While there are numerous myths about divorce, including ones that are propagated by television programs and motion pictures, it is not the case in Michigan where one spouse cannot obtain a divorce because the other will not sign the divorce papers. Instead, a divorce can still proceed under Michigan law even if the opposing spouse declines to participate in the process.

There can be however some very naughty tricks a spouse might use to invalidate your efforts in the divorce process. You need to watch out for these tricks. Maybe your spouse loves you truly and too much. Maybe your spouse is obsessed with you. No matter the reason, a spouse can learn a thing or two about sabotaging your efforts to end your marriage.

One of the following strategies may be used by your spouse to convince the judge that the marriage has not ended if they do not want to get a divorce or want to make your life difficult:

[ a ]  Delay leaving the house so they may convince the judge that you two still loved each other even after the divorce was filed.

[ b ]  Make up justifications for staying the night at your house, such as acting ill when the children are dropped off.

[ c ]  Take you out to dinner on a special occasion, such as your birthday or a holiday, and make an attempt at seduction. If a judge discovers that the parties had sexual relations after the divorce was filed, many judges would throw out the divorce.

The scenario may be different if you are dealing with a difficult or vindictive spouse.

Where Do We Need Signatures in a Divorce?

Several times during the Michigan divorce process, legal papers must be signed. There is, however, a clearly laid out procedure for what follows if one spouse declines to take part in the process.

Here’s how it works.

You or, more precisely, your attorney will submit a divorce complaint to the local circuit court to begin the divorce procedure. Your chosen divorce conditions, such as the division of assets and custody of children, are spelled out in the divorce complaint. Even though you might be eager to be divorced, you should take your time and make sure these terms are appropriate. Both your family’s welfare and your financial future are at risk.

The divorce complaint is then delivered to your spouse along with a court summons form. The summons form should be signed by your spouse to show that they have received the divorce papers, although proof of service can still be given to the court without this acknowledgment.

Your spouse has 21 to 28 days to submit their answer to the court if they choose to oppose any of the terms of the divorce as stated in the divorce complaint.

You can seek the circuit court for a default decision of divorce if your spouse does not reply to the divorce suit by the deadline. The statutory waiting period must have elapsed before your divorce may be legally finalized.

There is a required 60-day waiting period for marriages without children between the time the divorce complaint is filed and the time the court will issue a final judgment of divorce (sometimes called the divorce decree or divorce settlement). The waiting period is 180 days (six months) when minors are involved, while it is possible in rare circumstances to shorten this time frame.

The court will grant the desired default judgment following the waiting period, making your divorce legally binding. The signature of the judge is sufficient. No signature is required from your spouse.

As long as the terms of the divorce are compliant with Michigan law, they will be as stated in the initial divorce complaint. For instance, parenting schedules and the split of marital assets must both be fair and in the best interests of the children.

What Can I Do If My Spouse Refuses to Sign the Divorce Papers?

Even while you do not need your spouse’s signature on the divorce papers in order to get divorced, the procedure can be quite difficult to navigate without an attorney.

The next step is to educate yourself about the Michigan divorce procedure so that you will be ready if your spouse refuses to sign the divorce documents.

If the other spouse declines to sign the initial divorce petition, the person seeking the divorce must formally serve the other spouse with the documents. Anyone over the age of eighteen may serve the documents, although it is sometimes required to do so through the Sheriff’s Office or with a licensed process server in order to ensure proper due process.

The other party may use the ordinary postal system if the other spouse is blatantly attempting to evade the case by fleeing or seeking refuge in an unidentified location. If all else fails, the spouse seeking the divorce may, with the court’s approval, utilize the local newspaper to publish a notice.

The process may continue through the courts and with the judge if the other spouse continues to be belligerent. Cooperation issues may still arise, but it may be at the other spouse’s expense. The case can still proceed, as determined by the court. 

The judge may enter a default judgment granting the divorce to the spouse seeking the process if the opposing spouse chooses not to appear in court for the case or even to respond to the divorce petition. In such cases, the judge may give the majority of the requested relief, and the absent spouse does not have the right to appeal the judge’s ruling unless there is a good cause for the absence and failure to respond.

If your spouse does submit an answer, you and your divorce attorney can work to demonstrate that the waiting period and other divorce requirements have been satisfied and that your divorce should be approved.

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When we discuss abuse, there are many distinct types, including physical and emotional abuse. Can you withhold parenting time if you think your child has been abused in some way? Is emotional abuse enough to revoke parenting time from my ex?  

Click here to watch the video Is Emotional Abuse Enough to Revoke Parenting Time From My Ex in Michigan?

It is appropriate to submit a motion to the court. Obtain judicial approval. Don’t try to impose your own ideas on the law. On the other side, you might have a convincing defense. Many people believe that seeking forgiveness is preferable to seeking consent. Prior to taking matters into your own hands, you should request that the court suspend the parenting time.

What Is Emotional Abuse?

A pattern of behavior known as emotional abuse can have a negative impact on a victim’s cognitive, emotional, psychological, or social development. It is also known as psychological abuse. The effects of emotional abuse by a parent, caregiver, or another adult in a position of authority on a child are almost always detrimental and frequently last for the remainder of the child’s life.

According to the University of Michigan Health System, emotional abuse follows a pattern. You are emotionally abused if the other party does the following:

[ a ]  says unkind things about you

[ b ]  prevents you from making decisions

[ c ]  threatens you

[ d ]  isolates you from your friends, family, and coworkers.

[ e ]  disregards how you feel

[ f ]  diminishes you

[ g ]  calls you names

[ h ]  insults you

[ i ]  makes you unable to sleep

[ j ]  actions that give you a crazy feeling

[ k ]  asserts to you and others that you are insane

[ l ]  tells you you make poor decisions

Emotional abuse includes both verbal abuses, such as calling someone names, and terrorizing, which usually involves frightening the child by threatening them with harm or purposely placing them in terrible situations. Long-term neglect of the child may also entail shunning them in front of friends and family, underestimating them as a person, or ignoring their most basic emotional needs.

The court will always take into account one of the twelve factors for assessing the best interest of the child when deciding on custody and parenting time. One of these factors is domestic violence or domestic abuse. It’s not necessary for parents to physically abuse their children. It’s not necessary for children to see it. 

For the court to consider domestic violence, it only needs to be present or clearly present. It is imperative to let the judge know about the violence and your concerns.

Numerous studies conducted over the years have shown that emotionally abused children are more prone to engage in undesirable behaviors that worsen as they age, such as routine humiliation, ignoring, or intimidation. Although they are not limited to them, some examples of these behaviors include low self-esteem, self-destructive actions, promiscuity, substance abuse problems, aggression, difficulty forming relationships, cruelty to animals, and suicidal thoughts.

Since emotional abuse does not leave the same obvious traces as physical abuse, it is more challenging to detect. Despite the claims of many specialists that it is more common than all other forms of child abuse, emotional abuse is harder to identify when it is a child’s only form of abuse.

Legally speaking, emotional abuse can occasionally be ambiguous due to the fact that various people frequently interpret the phrase differently.

Differentiating between emotional and psychological abuse can frequently be challenging. Given that the majority of experts concur that emotional child abuse is best described as an assault on the child’s psyche, it is safe to conclude that “emotional” and “mental” abuse are likely to be considered equally in the eyes of the law.

Making this distinction is important since the Michigan penal code does not specifically prohibit the emotional abuse of children. However, the definition of what child abuse might involve that we just described above makes reference to “severe mental injury.”

How Can We Change Parenting Time?

There is no established plan for parenting time. At the request of either one or both parents, the judge may alter it. The parent who files a motion to change parenting time may be either the Plaintiff or the Defendant in the ongoing family dispute. The moving party is the parent who is filing the motion for parenting time modification. The Respondent is the other parent.

Altering parenting time could result in any of the following:

[ a ]  Alter the established custodial environment or ECE for your child.

[ b ]  Change the length or frequency of parenting time

[ c ]  Add, alter, or eliminate a parenting time requirement, such as supervision or drug testing

Before a judge will consider modifying parenting time, there are certain requirements for each type of change that must be met.

Only when there has been a good cause or a change in circumstances will a judge take into account a request to modify parenting time. In situations when modifying parenting time will actually modify custody, the moving party must possess the same evidence required to modify custody.

What the court is actually saying is that you just can’t unilaterally declare there’s abuse and you’re suspending parenting time. You need to have evidence of this abuse actually existing or happening.

The judge in this case will only adjust custody or parenting time if there is good cause or a material change in the circumstances. A change in circumstances must have occurred following the entry of the most recent custody decree. The moving party must demonstrate to the judge that the change in circumstances goes beyond the typical changes for the better or worse in the child’s life. 

The party making the change must demonstrate how it has or would significantly impact the child.

At least one of the 12 best interest factors must be linked to the proper cause. It must have an impact on the child significantly or be likely to do so. Events that qualify as proper cause typically occur after the previous custody order has been entered. A shift in circumstances is analogous to the proper cause. If a change in circumstances occurred after the judge approved the previous custody order, it is typically also proper cause. The opposite is also true.

The judge will not modify parenting time if the requesting party is unable to demonstrate justification or a change in circumstances. The existing parenting time schedule will remain in effect.

Is Emotional Abuse Enough to Revoke Parenting Time?

You have to put your assertion of emotional abuse in perspective. Are you legitimately witnessing emotional abuse? Or, are you just setting your ex up for abuse accusations? The court might not have the same concept of emotional abuse as you do. When a child is refused ice cream because they have cavities, you could assume that this constitutes emotional abuse. Perhaps not from the perspective of a Michigan family court. The court can simply interpret it as one parent’s effort to advance the child’s general dental health.

Then, you can suggest, they ought to take the other children to get ice cream. But that raises a question about parenting style, not abuse.

In order for the court to rule in your favor when it needs to make a decision, you must be very prudent in your analysis.

If altering parental time will alter the ECE, proper causes or changes in conditions might be but are not limited to:

[ a]  A parent is not present at home.

[ b ]  A parent has started abusing alcohol or drugs.

[ c ]  A parent frequently fails to give their child the required care.

[ d ]  A parent has maltreated or abused a child.

The following situations do not meet the criteria for an appropriate cause or change in circumstances where altering parental time would affect the ECE:

[ a ]  Financial difficulties of a parent, which could be resolved by raising child support payments.

[ b ]  The typical maturation of a child’s wants and preferences.

[ c ]  Change of custody aspirations of a child.

A parent may occasionally wish to restrict the amount of time the other parent spends with the children. Even worse, some people accuse others of abusing them out of solely selfish motives and resentment. 

Fortunately, most courts can spot fabricated allegations of abuse. These kinds of egregiously false claims are not well tolerated by the courts when they are presented.

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How can I prove I’m the better custodial parent? Does bad-mouthing the other parent every time you get the opportunity make you appear to be a better parent? It might be accurate to say that drug misuse occurs in the other home. It might be true that there are other forms of drug abuse besides alcohol, and this should be brought up in court. 

It’s not your desire to pick a fight with the other parent; rather, you want to show the court that your home is dry. In your home, alcohol is not consumed. You must be aware of one thing: The court will consider what is best for the minor child.

Click here to watch the video How Can I Prove I’m the Better Custodial Parent in Michigan?

To be a great parent, you, therefore, need to have a particular perspective. The minor child’s best interests must always come first when making decisions. This will persuade the judge that you are the best option.

This will highlight how differently each household uses alcohol. In the other home, it’s not just consumed; it’s also abused. That must be considered by the court.

Jumping on the other person is not the primary concern. The key is to show that you’re a better choice than that the other parent. The emphasis should be on portraying a healthier environment for the minor child.

Who Is a Custodial Parent?

There are legal guidelines for judges to follow in establishing what is in the best interests of the child, which is a broad definition used in Michigan to determine custody. Often, if the court is on board, parents can come up with their own plan, and the judge will approve it.

On occasion, the court will have to establish the specifics of the custody arrangement in a contentious child custody case. Both physical and legal custody are recognized by Michigan courts. A judge may appoint sole or joint custody for either kind of custody. 

The decision-making for the child is referred to as legal custody. A parent who has legal custody is in charge of making choices for their child in relation to issues like school enrollment, medical care, extracurricular activity involvement, and even religious upbringing. Keep in mind that sole custody is not defined legally in Michigan. When one parent is given primary physical and legal custody of a child, this is known as sole custody.

Joint legal custody entails both spouses participating in critical child-related decisions. If a choice is contested, however, the court may decide to give one parent primary legal custody over the other. This might occur, for instance, if both parents are devout believers in their own religions but belong to different denominations.

In Michigan, physical custody refers to the child’s residence. If the court determines it to be in the child’s best interests, a parent may be given primary custody. A number of factors, such as involvement in the local community and families, may also be taken into account. The other parent may be given “parenting time” even though one parent may have primary custody.

Joint custody would give both parents equal access to the child while maintaining a set schedule. For instance, one parent might be responsible for the child’s care during the academic year while the other is in charge during the summer. Alternating holidays, birthdays, and other significant anniversaries can also be arranged.

The court must take into account joint custody requests from either parent. Unless it is established that joint custody is not in the best interests of the child, the judge must grant joint custody if both parents consent to it. This decision’s explanation must be stated in writing.

Are You Unfit for Custody?

The question of fitness for custody as a parent can hit a parent very personally and very deeply. A parent is seen to be an unfit parent by the law when they fail to provide their children with the proper guidance, care, or support through their actions. A parent will also be deemed unfit if they have a history of maltreatment, neglect, or substance abuse.

In Michigan, when a parent is deemed unsuitable, Child Protective Services, or CPS, is frequently engaged. A safety plan or an open, ongoing investigation may be in place against the parent.

Children’s custody arrangements between divorced parents may not be agreed upon or the other parent may not be trusted with the children.

A judge or a parent can ask to have a child custody evaluation done. The objective is to determine whether granting custody to one or both parents is in the child’s best interests or if the child’s welfare, safety, or health are at risk.

The following 10 factors will be taken into account by the CPS evaluator when making a recommendation.

[ 1 ]  Setting Age-Related Limits

Although parents might not always agree on age-appropriate limitations, it could be a red flag if one parent tolerates extreme situations. When parents share legal custody, they should make age-appropriate decisions together, but not for small things like bedtime.

In this case, co-parenting is required, and you must trust your partner to manage their home intelligently.

[ 2 ]  Recognizing and Meeting the Child’s Needs

A child needs to understand that both of their parents are concerned about them. Just as divorce is challenging for the parents, navigating two distinct households is challenging for the child.

The children’s belief that they can communicate well regardless of whose house they are in is vital. If a parent notices a disconnect, are they responding correctly and seeking assistance when necessary? All of these are essential components of a good working relationship.

[ 3 ]  Prior Experience With Childcare

Both parents should have access to dependable child care, and all information should be shared. Each parent also needs to be able to care for the child on their own without help. If the child is always reliant on assistance, whether it comes from the co-parent or other family members, a change in custody may be necessary.

[ 4 ]  Approaches for Resolving the Parental Custody Conflict

Co-parenting is challenging. Positive co-parenting is feasible but it takes a lot of work from both parties. If one parent regularly criticizes the other or if every decision is a point of contention, your child will notice.

If there is insufficient cooperation and constructive decision-making, a new custody agreement may grant one parent decision-making authority.

[ 5 ]  Child abuse

If a parent is heavily involved with CPS, it could be time to change custody. To determine whether abuse or neglect needs to be proven, CPS may have performed a thorough investigation into a home.

If they have a concern, they will offer an immediate safety plan, which you can bring to court to ask for urgent custody decisions. Even though the situation may have been resolved without an investigation in certain cases, CPS involvement is a significant indicator to look out for.

[6] Domestic violence

It is never okay for children to see domestic violence in silence. The abuse of one parent by the other is also never acceptable. You have a number of choices at your disposal, including changing the custody arrangement to reduce interactions, getting a domestic violence restraining order, getting therapy for the abuser, and taking domestic violence classes.

[ 7 ]  Abuse of Substances

Even if a substance is legal, such as marijuana, the court may impose orders restricting a parent’s use of it in order to ensure the safety of the kid. Substance abuse assessments might be ordered to gauge the extent of the problem.

[ 8 ]  Psychiatric Disorder

When a parent is taking their medicine and receiving mental health care, everyone wins, including the child. However, if they are not receiving treatment for their mental health illnesses, this can be a very unsafe situation.

[ 9]  Social Interaction

Social interactions between the child and both parents are important for fostering positive relationships and memories. If one parent objects to the child’s activities or even their participation in them, the child can suffer.

[ 10 ]  Children’s Attitudes Toward Their Parents

Because both parents should encourage and foster positive interactions between the child and each parent, it is essential that the child is not raised with a negative view of the other parent.

A child who acts out or shows signs of fear before a visit may be a sign that the relationship needs to be repaired. It’s important to pay attention to the child and act accordingly.

When the evaluation is over, the evaluator will write a report to help the court decide. If either parent objects to the report, they will have the chance to do so in front of the court and provide testimony or other evidence to the contrary. If you reveal the contents of this report, you risk being penalized, having to cover the other party’s legal costs or both.

Are You the Better Custodial Parent?

Even if you don’t want to talk to your spouse or partner anymore, they are still mom or dad to your children. According to Michigan law, a child gains by having close contact with both parents. As a result, joint legal custody awards are frequent, and parenting time is typically given to both parents unless doing so would not be in the best interests of the child.

If you accept that your co-parent will probably participate in your child’s major life decisions, it doesn’t necessarily mean that your chances of raising your child alone are over. The parent who served as the children’s primary caretaker before the separation is frequently given primary physical custody of the children by judges in various counties throughout the state. In other instances, the situation may need one party to function as the child’s primary physical custodian, in charge of managing the child’s day-to-day needs, simply because they are manifestly more capable.

But, if for some reason you are too engrossed with the other parent and too focused on how they are interacting with your children, you may be focusing on the wrong things. The most important area of your life as a parent is your children.

Otherwise, you may not be close enough to be a custodial parent and the court will see through you.

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Goldman and Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.