When children are involved during a divorce the question comes into mind, what happens to them? Does one parent get sole custody of the child? Will there be an equal amount of parenting time given to both parties? How will these decisions be made? These questions can cause stress and concern. It is important to remember to take your time and not to worry, moments like these can turn into something beneficial for all parties involved.
What is Joint Legal Custody?
Joint legal custody is when both parents share equal responsibility and authority over the child. This allows both parents to still raise their children while being divorced. The court will look at the fitness of either parent, the agreement of both parents, and the best interest of the child and will decide if it will be beneficial for everyone involved. When deciding custody the court will look at 12 factors to see what is in the best interest of the child. Here are the 12 factors that the court will look at when deciding custody:
- Maintaining the relationships of love and affection shared between parent and child. (Courts assume such relationships are highly beneficial to children)
- The capability of the parents to provide that love and affection
- The ability of the parent to provide necessities such as food, clothing, shelter, and medical care (obvious factor in a child’s well-being)
- Maintaining and continuing the stable environment the child has grown up with (including living with siblings)(family courts firmly believe that children need consistency and stability)
- The court will try its best to keep the child in their current home. This why the court almost always gives the family residence to the custodial parent
- The moral fitness of either parent (including criminal records or the child knowing that one of the parents had an extramarital affair) (parents set a moral example for their children to follow)
- The mental and physical wellbeing of the parents (without discriminating against certain disabilities)
- The child’s school, home, and community records
- Child’s reasonable preference: if the child is old enough, then the court will conduct an in-person interview, and any reasonable preference will be taken into consideration
- The willingness of either parent to facilitate the child’s relationship with the other parent (Actions taken to shield a child from domestic violence or sexual assault may not be counted against this factor)
- Any history of domestic violence
Is There a Presumption of Joint Custody in Michigan? A presumption of joint custody is a rule which states that the court should favor such an arrangement unless it is proven that it would not be in the child’s best interest. In Michigan there is no presumption of joint custody, the court will instead look at the evidence and come to a decision on whether to grant joint legal custody. If both parents can come to an agreement then joint legal custody will be granted but in the instance where one or both parents are unfit, the court will come to another conclusion. Here are three advantages of joint legal custody in The State of Michigan.
- Working With Your Ex A divorce happens when a couple’s relationship fails and both parties want to separate. Usually, conversations become heated and every turn is met with disagreement and animosity. When children are involved there is going to be a conversation about who will raise the child. There may be a lot of things you may disagree about with your ex spouse but one thing should be the same for both parties, the well being of your children and making sure they are raised in an environment for them to grow and succeed. This is a way that you can start working with your Ex to reach an agreement on joint legal custody. If this can be done a mutual understanding can be created and the divorce process can go much smoother and a lot less stressful. If the court sees that you and your ex spouse came to an agreement and show your ability to work with one another they will allow joint custody and other benefits will be given.
- Child’s Best Interest Joint legal custody allows both parents to see and raise their children 50/50. When both parents are in a child’s life the child’s overall well-being improves significantly. When children grow up they require role models to look up to and gain insight and information from. If a child is attached to both parents and then suddenly stops seeing one of them there will be a major effect on the child’s psychological development. A joint legal custody allows an opportunity for both parents to raise the child and create a relationship with the child. You will have to work with your ex spouse at all times and communicate with them, this is all for the benefit of the child and both parties involved. Creating an environment that the child feels safe and loved in, is the number one priority for both parents and this can be done in joint legal custody. Many studies have shown that when both parents are involved in the child’s life their health, education, and overall life improvement. In joint legal custody, both parents are given the opportunity to give the child the love and affection they need.
- You Make the Calls If you want to be involved in your child’s life and be there for the major decisions then joint legal custody is for you. For day-to-day decisions, the parent who is with the child will be able to make decisions and do what they think is best for the child. But for major decisions like medical procedures, education, and vacations both parents will have to talk about it and come to an agreement. This is why it is important to have a mutual understanding with the party and be able to have a conversation to come to an agreement on certain decisions. With joint legal custody, you will be able to raise your child and ensure that they are living a lifestyle that is best for them. You can decide whether the child plays a sport or starts the process of getting a driver’s license. Remember that you will still have to work with your ex spouse and it won’t be easy sometimes but it will always be worth it.
Conclusion
Being there for your children while they grow up will be beneficial for all the parties involved in the matter. Joint legal custody allows both parents to be a part of their child’s life, parenting time is important so to be sure you are being given a fair amount of time to spend with your child call our attorneys at Goldman and Associates today. If you are in the process of a divorce or custody you will need an attorney for the best possible outcome. For more information on joint legal custody in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about custody in Michigan.
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