What to Know About Custody in a Divorce #ChooseGoldmanLaw

What does one need to know about custody in a divorce? The only thing left is the divorce if children are taken out of the picture. We are divorcing the parties in this situation. Then we are splitting the assets. Just about everything in the marriage is being divided. Dealing with marital assets is quite straightforward. We calculate the asset’s value and divide it mathematically into equal portions. We don’t do the math while discussing children since we can’t divide them in half.

Click here to watch the video on What to Know About Custody in a Divorce #ChooseGoldmanLaw

When it comes to custody, there are various factors to take into account. What you should know about child custody in a divorce is this. The court will investigate the matters involving the children’s best interests. Your actions and words throughout the custody hearings should be directed at getting the court to grant you custody. Consult a lawyer. Your attorney is aware of what works. Your attorney can provide you with advice on what is true and what is false.

What are the considerations in a child custody case?

Nowadays, equal child custody arrangements are more frequent than they once were. Your child custody plan can evolve. Many factors, such as shifting circumstances, can cause this to change.

The child’s best interests are taken into account by the court in Michigan. That while making decisions on custody cases. The attempts made by the parties to discredit one another will not be the focus of the court. Any disagreement will be resolved. It will be resolved based on which parent can best represent the child’s interests.

Here are things to consider when looking for the best custody arrangement for your child.

[ a ]  The variety of ages of your children.

[ b ]  Ability to work well with the other parent.

[ c ]  Your resistance to change and preference for maintaining a routine.

The ideal custody agreement should be one that is created with the child, not the parent, in mind. When deciding on a custody agreement, parents must consider the following factors:

[ a ]  Time off from parenting. Communicating with each parent. Have a conversation at least once every few days.

[ b ]  Reliability and consistency.

[ c ]  The developmental stage of the child is taken into consideration. Parents can give their children shorter, more frequent attention bursts when nursing. This could be more helpful. The parents may arrange for the exchange of breast milk.

[ d ]  When the child’s daily requirements were previously met by both parents. One circumstance that might fit is parenting in the middle of the night.

[ e ]  Think about employing a “graduated schedule.” At first, parents spend less regularly and for longer periods of time. They employ this tiered plan whenever a parent achieves a milestone. When a parent hasn’t taken care of the child on a regular basis, you can use this. A parent could occasionally experience anxiety while raising their child.

[ f ]  Schedule parenting time as often as is required. Particularly when the parents live in distant places. While raising their children, parents may have to travel.

[ g ]  The chance for parents to go with their children to important events. Birthdays, doctor’s appointments, and religious holidays can all be considered as significant events.

Parenting plans must include a custody agreement. Usually, decisions that were made with the well-being of the children in mind were the best ones. We are able to navigate the complex world of custody arrangements thanks to that point of view.

What can you expect in a custody hearing?

The judge determines the child’s custody and parenting time on the basis of best interest. A disagreement between the parents is possible. The 12 statutory elements are taken into account by the court. The topic of what is in the child’s best interests can be discussed by either parent. During the hearing on custody and parenting time, each parent may have their turn. The court is not required by law to weigh all variables equally. It doesn’t have to when assessing what is in the child’s best interests. The judge has the option to determine how much weight to give each of the factors.

The established custodial environment or ECE. The ECE and the child’s best interests are taken into account by the judge. Wherever workable, custody arrangements for children should not be changed. The ECE of the child is a question the judge puts to the parents. A court decision can alter the current condition of a child. A judge must get information about the child’s ECE first.

In every Michigan child custody case, thorough planning is essential. It involves comprehension of the interactions between the ECE and the burden of proof. The parent has a duty to prove that a stable home environment exists. It’s necessary to establish or change the level of custody each parent receives. If you are unable to offer ECE, then you can be certain that the other side is doing so. It might be used against you during a custody dispute.

When determining the ECE, judges take into account the child’s living circumstances. Are the child’s needs being met by one or both parents? Love, adoration, food, shelter, and other basic needs are all considered needs. Is the child old enough to have spent a significant amount of time in the current environment? The party seeking the change must provide strong, convincing evidence. An ECE must be determined by the judge. The court may rule that there is no ECE. The argument supporting an ECE that acts in the best interests of the child will win out. It must be demonstrated by that party’s side of the argument. Hearings on child custody offer a venue for presenting this data.

Hearings are judicial officer-accompanied court appearances. They are meant to make it easier for the court to understand issues. Make decisions, and issue suitable orders. These could be brief and simple, like 15 minutes to approve a settlement agreement. Making a final custody decision can take hours or even days when the parents are unable to come to an agreement.

In some counties, all your hearings will be presided over by a judge. His or her decisions are immediately turned into court orders. In some circumstances, judges from other counties appoint domestic relations referees. A parent has the option to object. It prompts the judge to hold a second hearing. Judges automatically accept the suggestions made by referees.

Where evidence will come from in a child custody case?

Child custody proceedings can be challenging. This shouldn’t be used as justification. Acting in a way that substantially or fully contradicts your argument. It’s possible that your family law attorney isn’t always trying to win for you at any cost. They stand up for your child’s interests instead. They can convince the judge that your case is in the child’s best interests. Creating a viable child custody plan can heighten the emotional strife. Throughout the process, tensions creep in and exacerbate already challenging legal difficulties.

What kinds of evidence might your co-parent use against you if a custody dispute arises? The following sources of information could be used against you by your co-parent.

Dishonesty.

Never ever lie to your ex-spouse or co-parent, or cheat on them. Your case can be unduly weakened by your dishonesty. Your child custody case can become more challenging in court as a result. These are often reasons for dismissal. Clients withholding information from their lawyers run the risk of making things worse. They make it more likely that the attorney will be taken off guard in court. Give your attorney the complete picture. It might aid them in comprehending the subtleties of your situation.

Disregard for orders and requests of the court.

If you fail to abide by a court order, you risk breaking the law. And to make matters worse, it can prevent the court from fairly hearing your case in the future. Always being court-friendly is a smart idea. One approach to do this is to abide by the court’s rules. Your parenting time and custody arrangements will be decided by the court. Orders on custody and parenting time are made by the judge. You might not be able to act in the child’s best interests, according to the judge. You aggravate that person by disobeying court orders and requests.

Social media and digital footprint.

Posting on social media inappropriate images, videos, or other content. This can give the judge the idea that you are unfit to be a parent. It won’t help you if people see images or videos of you drinking or abusing drugs. Don’t text the other parent in a rage or post angry rants on Facebook or Instagram. You can find yourself in an extremely unfavorable legal situation. Venomous, hostile, or violent messages may be presented as evidence. It might injure you permanently. Never respond to internet posts made by your partner or ex-partner. Don’t start a virtual tit-for-tat with your co-parent.

Disparaging a parent in public.

Always show consideration for the other parent. You still think they haven’t earned it, despite the fact that. safeguard your youngster. Be a gentleman. The court will have the opportunity to learn why you are the most qualified person to represent the interests of the kid. You shouldn’t belittle or criticize your partner in front of other people. You should exercise this caution with your loved ones and friends as well. The main issue is that everything you say in a custody dispute could be used against you. It can make you appear unreliable to the judge. You might be required to call your confidante as a witness in court.

In any Michigan custody case, comprehension is essential for effective planning. You should be informed of the current custodial environment. Recognize how the burden of proof interacts with the existing custodial environment. The parent has to prove that their home is safe. With the use of this proof, the type of custody that is granted to each parent can be decided or changed.

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.