Understanding child custody laws during divorce

Have questions about child custody laws? Being home to the best Grand Rapids Divorce Attorney , allow us at The Law Offices of Sean Patrick Cox to clear the air surrounding these crucial elements of Divorce.

Splitting a marriage is hard enough, having to then make decisions about child custody can be difficult for any parent. It is quite common for divorce battles surrounding child custody to become contentious and emotionally stressful. Perhaps this is because of how complicated the process itself is.

In this article, we would like to shed light on the various key elements constituting child custody laws in the USA. We’ll explain what it means, what different types of child custody arrangements entail, and how custody is ultimately decided.

What is Child Custody?

Child Custody refers to an arrangement that dictates which parent a child spends their time with, and which parent has the right to make important decisions regarding their child. Child custody rights for fathers are no different than child custody rights for mothers.

There are two different types of custody. They are as follows

1. Physical Custody

Physical Custody entails with which parent a child spends most of their time. Simply put, it refers to an arrangement that specifies with which parent a child will live.

2. Legal Custody

This custody refers to an arrangement that specifies which parent possesses the legal authority to make important decisions integral to a child’s day-to-day life. Parents that are rewarded legal custody will be in charge of making decisions like where a child will go to school, what medical treatment they’ll receive, and what religious training they’ll adhere to.

How is Child Custody Determined?

When it comes to child custody, parents have the option of settling matters in court or out of it. This will largely depend on both parents mutually agreeing to the physical and legal custody terms being put forward on the table.

In hindsight, any of the three options could help determine child custody

• Establishing a Parenting Plan
  This is the most ideal scenario. As parents have intimate knowledge of things about childcare, work schedules, a child’s preferences, etc. both parents should work together to come up with a solid parenting plan. As divorce and child custody go hand-in-hand, this parenting plan can become a part of the final divorce settlement.

• Mediation
  Sometimes, parents can’t end up on the same page when it comes to a plan on how custody is shared. In such circumstances, they can opt for child custody mediation. Here, a court-appointed mediator will serve as the neutral party between both parents. They’ll help the parents communicate better and arrive at a mutual agreement.

• Custody Evaluation
  If both of the above methods fail in determining custody, then the court will deem child custody evaluation mandatory. This process involves a trained mental health professional assessing both the co-parents and the children in a bid to recommend an appropriate arrangement to share custody.

• Best Interest of the Child
  When it is completely up to the court to decide issues related to custody, it will base its judgment on the best interest of a child. The primary purpose of the court isn’t to appease parents but to determine what is best for the child involved.

A court will consider many factors to determine what’s in the best interest of a child. Those factors could entail

•   The preference of a child if they are old enough.
•   The evaluation of a mental health professional
•   The ability of each parent to provide a caring, stable home.
•   Who the child’s primary caregiver is
•   The mental and physical requirements of a child
•   Signs of domestic violence at home.

Types of Child Custody Arrangements

There are different types of child custody arrangements that parents could opt for, or the court could mandate. The most prominent of these arrangements are as follows:

1. Sole Custody

This type of custody refers to an arrangement where one parent is granted sole physical custody of a child. The other parent has limited or no access at all to the child. When a court grants a parent sole physical custody, they are usually also granted sole legal custody of the child as well.

2. Joint Custody

This type of custody refers to an arrangement where both parents share custody of their child. This could mean spending one week with one parent and the next week with the other one. This arrangement facilitates co-parenting after divorce.

3. Primary Custody with Visitation Rights

In a few cases, one parent will get primary custody of the child whereas the other is granted visitation rights on a specific schedule. These visits could be supervised, unsupervised, or virtual depending on what is in the best interest of the child involved.

Most of the time, this conversation primarily revolves around joint custody vs. sole custody. The court will take the decision based on what it feels is right for the child.

Modification of Child Custody

It is imperative to note that once a custody arrangement is made, it isn’t set in stone. If one parent is dissatisfied with the arrangement, they can file a modification request. Courts are usually reluctant to modify an original agreement. However, child custody disputes are entertained by the courts if there is a substantial change in circumstances.

Below are a few instances where a court may deem a custody modification request appropriate:

•   One of the parents needs to relocate
•   One of the parents isn’t adhering to the custody agreement
•   The physical and mental needs of the child have changed
•   Either parent’s financial situation has changed.
•   Either parent’s medical situation has changed
•   One of the parents is incarcerated

Parents requesting the change must file a petition in the court falling in their jurisdiction. They’ll also need to exhibit proof that a substantial change in circumstance has transpired, thus warranting a modification of the original term.

Getting Legal Help

Child custody laws aren’t exactly comprehensive for a layman to understand. The process it involves right from mediation to actual child custody hearings can take a toll on either parent’s personal life. Needless to say, it can be the most difficult aspect of a divorce to resolve. In such a scenario, the aid provided by a seasoned divorce attorney can be invaluable.

An experienced attorney possesses the insight and skill necessary to understand and explain parental rights during divorce in clear terms. They can peacefully settle child custody issues out of court by negotiating with the other party.

If the need arises, they can take the battle to court and fight aggressively to help yield the judgment you seek. This is what we at The Law Offices of Sean Patrick Cox are revered for in Michigan.

With a long and successful track record to boast, we’ve helped many parents navigate the tumultuous child custody laws in the USA. Perhaps we can do the same for you as well.

Initial consultation with us is free. So, call us at The Law Offices of Sean Patrick Cox now to schedule a free meeting with the best divorce attorney in Michigan.