Divorce Michigan Custody

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Divorce is a complicated process that may provide a painful and stressful experience to the sufferer. Although this legal process allows the spouses to have legal break up of their relationship but various related critical issues are also needed to be sorted before the final separation. Usually, such issues are emotionally handled and may result in severe problematic conditions for the child. Therefore, it is imperative that you be alert and analyze all crucial aspects during the settlement of this matter. Most important, during a divorce custody in Michigan, the court makes sure that all basic requirements of the child in terms of food, education and health should be fulfilled even after final separation between the parents.

Factors considered by court during settlement of divorce custody

In order to grant an adequate child custody plan to a particular divorce case, the court necessarily considers some special factors prior to the final decision. The court determines the most apt custodial ambiance for the child after due acknowledgement of the following factors:

• Any past record of domestic violence, whether witnessed by the child or not
• The capacity and readiness of each parent to persuade and promote a continuing and close relationship between the other parent and the child
• If the court has the opinion that the child is of adequate age to make a preference, then the reasonable preference of the child
• The record of the child in community, school and at home
• The physical and mental health of both the parties relevant to the case
• The moral fitness of the related parties
• Whether the proposed or existing custodial residence(s) have permanence as a family unit?
• The duration for which the child has stayed in an agreeable and stable ambiance, and the desire to continue the same
• The inclination and the ability of both the parties to offer the child clothing, food, medical care or other remedies and the required material help
• The willingness and the capacity of the parties to offer guidance, affection, and love to the child. Also, to continue the raising and education of the child in the desired creed or religion.
• The affection, love and other emotional ties that exist between the child and the parents
• Any other issue that the court concludes is relevant to the specific child custody case

Types of child custody

In Michigan, there are four major types of child custody granted to the divorcing parties. This decision about custody entirely depends on the circumstances that are present between the parents and the child. These four types of child custody are:

• Physical custody: This particular custody decides the residence of the child with the custodial parent. At the same time, the other parent is supposed to follow the visitation schedule as ordered by the court of this state.

• Legal custody: The right of taking all the major decisions related to the child such as education, health and welfare of the child is primarily given through this custody type

• Sole custody: A sole custody means both the physical and the legal custodial responsibilities are handed over to a single parent. Such custody is allotted in cases where one parent proves the fact that the other parent is unfit for this responsibility.

• Joint custody: A joint custody is the most preferable custody granted in most divorce cases. During such custody, rights are equally shared between both the parents.

Criteria of court in Divorce Custody

The Child Custody Act of Michigan has outlined twelve factors and these have been explained in the previous section. The judge reviews the evidence and hears the testimonies regarding these factors to compare the divorcing parents. Furthermore, the judge concludes which parent is better than the other in each aspect and after an overall evaluation, decides the type of custody arrangement that would be in the best interests of the child.

Some of the examples of the criteria applied by the court are as follows.

• Is it possible to conclude that there is a pattern of domestic violence? This may be non physical or physical abuse. Whether this has been reported or otherwise?
• Have there been any convictions, arrests or police reports?
• Does any parent criticize the other parent in the presence of the child?
• Between both the parents, which one can best cooperate with the parenting time plan?
• Which parent accepts the responsibility of completion of school assignments?
• Who is a better supervisor of the home responsibilities of the child?
• Who arranges the access of the child to peers and friends in a better manner?
• Which parent is a better participant in school activities and conferences?
• Whether the father or the mother persuades and impacts attendance of the child in school in a better way?
• Have the parents been involved in extra marital affairs? Does the child have knowledge regarding these affairs?

During a divorce custody hearing in Michigan, a specific criterion is followed by the court to provide a justifiable and fair decision to the divorcing parties. Most important, the main focus is given to the best interests of the child.

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