Do’s and Don’ts to Win 50/50 Custody for Fathers – Michigan Lawyers

Is it possible for a father to share custody equally? Yes, custody can be shared equally. Both the mother and the father have an equal chance of obtaining physical and legal custody. Along the road, there are landmines. You can improve your chances of obtaining custody by avoiding a few things. In deciding the child’s best interest, the court considers different things. Do not get involved in anything that will make people think negatively of you. Domestic violence within the family is one. It can be a circumstance where the police arrive at your home. Arrest you for domestic violence. You should not be in situations where you can be accused of domestic violence. What are the dos and don’ts to winning 50/50 custody for fathers?

Click here to watch the video on Do’s and Don’ts to Win 50/50 Custody for Fathers – Michigan Lawyers

All other factors are equal and you are charged with domestic abuse. The other parent is get awarded custody. Ensure that the situation doesn’t get worse whatever occurs. Your largest minefield is escalation. Second, be careful not to undermine the role of the co-parent in front of your child. Don’t try to malign your co-parent during the time you spend with your child. The desire to criticize the other parent due to past grievances is constant. You are the one being misrepresented if the gossip is heard in court. Skip the drama. Whatever happens, don’t make the drama that is already developing worse. Your landmine is the drama.

What are the ways you can end up being charged with domestic violence?

Domestic violence is a learned pattern of behavior. One person manipulates another by physically, sexually, or emotionally abusing them. Any violent act committed against one of the following makes ups domestic violence:

[ a ]  A former or present spouse. 

[ b ]  Someone you are dating or have dated.

[ c ]  A partner with whom you have children. Or, 

[ d ]  A roommate, current or former.

There are often two ways that domestic abuse allegations start. A domestic disagreement that resulted in someone calling the police to your home. Another is the alleged victim requested a Personal Protection Order (PPO).

You can be punished severely if found guilty of domestic abuse. 93 days to two years behind bars, fines ranging from $500 to $1,000, probation, and restitution. If you have been found guilty before of domestic violence, you might receive a prison term of up to five years. A $5,000 fine, up to 5 years of probation, and restitution are all possible penalties. In a domestic abuse case, police may make an arrest based only on the complainant’s assertions. Police need not have seen the unlawful activity. Prosecutors can use prior criminal activity to prove a defendant’s guilt. This includes rage episodes. Many innocent persons are accused of domestic abuse and convicted of it.

What happens if your spouse ends up calling 911?

This is what will happen when your spouse dials 911. The moment the cops are informed, they’ll hold you in custody. They’re going to accuse you of domestic abuse or domestic violence. Because it protects the supposed victim, it is beneficial the majority of the time. It will be challenging for the caller or your spouse to keep you from getting charged with a crime and locked up. Your spouse made allegations you were abusing or committing violence.

As soon as the police get engaged, your spouse has lessened control over what happens. Your house will be visited by the police. Your partner just accused you of domestic violence. Your spouse is about to send you to prison.

The police are not your relationship counselors. They are there to serve and provide protection. Law enforcement focuses on crime and punishment. Domestic violence is illegal and a significant one. Most people are oblivious to this. Once a domestic violence call is received, someone gets taken into custody.

Many people think a charge of domestic violence can be dropped. They believe they were the ones who reported, they can take back the report. That is untrue. In a case involving domestic abuse, the defendant is being sued by the people of Michigan. Your spouse has no influence whatsoever on the decision to dismiss the case. A no-contact order can be enforced. The offender must abide by it. Visits between your spouse and your children are prohibited by a no-contact order. You may not be able to speak with your spouse or children on the phone or in person. Your capacity to work can be affected.

The case can still be heard in court even without your spouse, the alleged victim. The phone conversation and the police report serve as more than enough proof. If the victim doesn’t appear, the case will unravel and not move forward. This does not suggest that things will be fine if your spouse skips court.

Your spouse could still be required to testify in court by the prosecutor. Finding a lawyer in your case can be costly and time-consuming. Don’t create a situation that forces your spouse to dial 911. Or avoid a situation where you are alone with the police bent on arresting you. Most likely, someone will be detained after being accused of domestic abuse. It better not be you in a domestic violence call.

What happens if you end up being charged with domestic violence?

Every relationship has conflicts. Most people feel obliged to call the police when you become violent and escalate. It might even help find a solution and diffuse the issue. What would happen if you are the reason why someone called the police? You need to be alert and prepare yourself for what will happen after the police show up. The police are aware that there has been a reported crime or assault. A family member or close friend is assumed to be the victim of the crime.

This is how the claimed act of domestic violence will unfold.

[ 1 ]  The police are required to investigate every report of domestic violence.

[ 2 ]  Your attorney will check to see if the police arrested following the law. You are suspected of domestic abuse. The police will search for “probable cause” to detain you or to press charges.

[ 3 ]  Your spouse who reported the incident will be provided a fact sheet on the rights of the victim.

[ 4 ]  The police will file a report on the incident and whether an arrest was made. The prosecutor will receive the report.

[ 5 ]  The prosecutor decides which charges to bring. Your lawyer can attempt to get the charges withdrawn or reduced.

[ 6 ]  You can be charged with a crime and appear in court if the prosecutor decides to press the case. A bond will be established in the district court. Your bond amount will be decided by the court based on the following factors:

[ a ]  The accusations’ seriousness.

[ b ]  Your personal and criminal history.

[ c ]  Your danger to everyone’s security. And, 

[ d ]  If you are considered a flight risk. 

Your counsel might ask for a lower bail.

[ 7 ]  Domestic abuse is punishable by a felony or misdemeanor penalty. A pretrial hearing for your case will then be scheduled by the court. You’ll probably be charged with a misdemeanor domestic violence assault. The three possible pleas you can make are guilty, not guilty, and no contest. You have the option to say nothing, which is regarded as a not-guilty plea. A trial date can be set. Your lawyer will recommend the best line of action.

[ 8 ]  The district court may conduct an initial review if you are accused of a felony. It will decide if the case needs to be moved to the circuit court.

[ 9 ]  The circuit court may hold a criminal charge trial if you enter a not-guilty plea. If the charge is a misdemeanor, it will also be heard in a district court.

[ 10 ]  If you are found guilty or plead guilty, you run the danger of facing fines and jail time. or have your case rejected. The judge will continue with your punishment. Your counsel will work to get you the lightest sentence possible. If it’s your first offense, they might be able to work out a deferred sentence for you.

You can be found not guilty. The charges can be dropped and you are released.

What are the dos and don’ts to win 50/50 custody for fathers?

What are the “do’s” and “don’ts” to winning 50/50 custody for fathers?

Various circumstances can result in parents losing custody of their children. In Michigan, issues regarding child custody involve the courts a lot. The court won’t be happy to have you take over that role. The court looks at how you and your spouse and child interact. Your behavior will be carefully observed. 

What are the “do’s” to winning custody?

[ a ]  Do stick to your parenting plan.

[ b ]  Do collaborate with your co-parent to follow the parenting time order.

[ c ]  Do put the best interest of the child above yours.

What are the “don’ts” to winning custody?

[ a ]  Don’t defy or circumvent court orders.

[ b ]  Don’t neglect or abuse children.

[ c ]  Don’t resort to violence or show children acts of violence.

[ d ]  Don’t disparage your co-parent or cause alienation of your co-parent.

[ e ]  Don’t disrupt parenting time or violate parenting time orders.

It will be easier for you to face the task if you are aware of what you will be up against in a custody dispute. Find a lawyer who is informed about child custody. Finding one who will fight for your child with you is the best course of action. After a divorce, many factors determine who is awarded legal custody of the child. The parent can keep or lose custody of the child based on these factors. The court can rule a parent is unfit to raise their children. The court can do so if a situation emerges making their removal necessary.

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.