The Factors Involved in Determining Who Gets Child Custody in a Divorce
When children are involved in divorce proceedings it can be difficult and emotional for everyone who is involved, which is why the right decision needs to be made first time round.
In order to make the right decision first time round, courts in Michigan are required to evaluate ‘interest’ factors by looking at a series of considerations which are meant to help when it comes to making the decision. Some of these factors are stated below:
• The ability and temperament of both spouses when it comes to giving the child love, affection, and guidance as well as the capability of the parties involved to continue the child’s education.
• Can the parties involved provide the child with food, clothing and medical care?
• The length of time the child has lived in a stable, satisfactory environment and the appeal of maintaining continuity
• How the family exists as a unit and the moral strength of the parties who are involved
• The mental and physical health of both spouses
• The home, school, and community record of the child
• The willingness and ability of each of the parties to aid and encourage a close and continuing parent-child relationship between the child and the other parent
• Any history of domestic violence, regardless of whether the violence was directed against or witnessed by the child
When courts are evaluating the above factors, their main concern is that the child or children involved have their development needs addressed as children cannot legally choose where they want to live until they are 18 years old; however the wishes of the child or children will be taken into account by the courts during the custody hearing.
State law in Michigan when it comes to child custody encourages judges to award joint custody to parents so that both parents have a say in the child’s or children’s education, medical treatment, religion etc. In joint custody cases that child alternates between living at both parents homes.
Another option that may be thought about is sole custody. In cases of sole custody the child involved will live with one parent and the other parent will be granted parenting time. This parenting time means that the other parent will gain access to their child at alternating weekends, national holidays and one half of the child’s school vacation as well as in some cases one evening per week. When the decision of this parenting time is being made the parents are free to agree on the times and dates so that it fits in with both of their schedules.
The decision of who is granted custody usually comes down to the courts; however the child’s parents are given the chance to come to an agreement about child custody and visitation rights but if they fail to do so then the custody case is handed over to the courts where the decision is made by a judge.
In most custody cases the decision ends up being handed over to the courts but if you disagree with the decision that is made by a judge then you may appeal the decision. Appeals in domestic relations cases go to the Michigan Court of Appeals.
If you are currently facing a custody case then it is advised that you consult with an attorney to discuss all of the legal issues involved in the case; without one you are acting as your own attorney and may not receive all of the legal information needed to secure your custody case.
Frequently Asked Questions
What the price to contest a divorce with children involved in Indiana?
I am filing the divorce, and concerned that it may be contested by soon to be ex husband.
they have no fault divorce in Indiana you don’t have any reason to not get one if that is what you want. You can get one even if he doesn’t show up to court. There is nothing to contest just setting a time for you both be with the children.
What is the best way to divorce with children involved?
I have a friend, and yes, a friend who has been in a failed marriage for sometime. Mutual feelings had been shared and reconciliation was not a possibillity. My friend has recently committed adultry and the tone of the divorce has changed completely. The kids are now being used as a sword without regard to the feelings of the children. Are there advocacy groups to help a parent who is being threatened with their children? Money is tight and the timing is critical. All answers and comments are welcome, most importantly, advice and links for assistance. Thanks!
Yes, it is called CASA, your friend needs to contact the court, and they appoint the child advocates.
What options are there for getting a divorce with children involved if you don’t have the finances to do so?
Mediation – this is where you have an objective person help with issues put on the table. Try it you have nothing to lose.
How do you attract the right man after 30 and a divorce with children involved?
Is there any good men out there after 30??
The same way you attract a man before 30 without kids. For being who you are! And for accepting the fact that a divorce and your children are a part of who you are.
These are not necessarily deal breaking traits. If you display and demonstrate the certain traits that a man finds desirable, then it doesn’t really matter how old you are and how many children you have.
What are these ‘certain traits’ from a man’s perspective?
The nurturing trait
The sensual trait
The compassionate trait
The culinary trait
The romantic trait
The trait of being reasonable, being fun, and being worthwhile company.
How do you cope with divorce when children are involved?
I have been separated from my ex for over 2 yrs & we have 2 small children, ages 6 & 8. We have joint custody & we share the time with them almost equally. When I am away from them I am a mess & can’t help but blame myself for this mess. How do i move forward & try to feel happiness again? I feel like my life is just falling apart!
Sounds more like you’re feeling sorry for YOURSELF. The kids will be fine. I’m not saying it’s gonna be easy. Is it hard? yes. The best thing for you to do is make sure you’re being a good female role model for your children. Don’t ever let them see you while you’re goin through one of your spells. Have your house/life in order and concentrate on other activities while your kids are gone. Regardless if you like your ex or not, the kids will be cared for. You’ll get through this.