Parents may lose custody of their children for a number of reasons. In Michigan, the courts play a significant part in disputes over child custody. You taking over that position won’t be welcomed by the court. The dynamics between you and your child and spouse are examined by the court. Your actions will be closely monitored.
Click here to watch the video on 3 Reasons Parents Lose Custody Of Their Kids In Michigan
There will be severe repercussions for attempts to sabotage parenting time and deliberate actions taken to alienate the other parent. The court will take notice of such wickedness and it will affect how your custody issue is handled in the future. You need to speak with your attorney if you find yourself in a scenario where the other parent is displaying these behaviors. See the Michigan reasons why parents lose custody of their children.
The best interests of the children concerned will always be taken into consideration by Michigan family law courts when making decisions. In most divorce cases, it is in the child’s best interest to be able to spend as much time as possible with both parents. Because of this, courts usually always grant both parents joint legal custody and, frequently, shared physical custody.
Even if the child lives with the custodial parent full-time, the non-custodial parent will, at the least, be granted joint legal custody so that, in addition to having frequent and regular visitation rights, they can participate in key decision-making over the child’s life. A biological parent would only ever lose all of these parenting rights under exceptional circumstances. Nevertheless, it is possible.
Let’s look at three reasons why it is possible.
Reason 1: Failing to Comply with Court Orders.
If you ignore a court order, you risk facing consequences from the court, and, worse than that, it may deter the court from hearing your case fairly in the future. Being court-friendly is always ideal, and one way to do this is by abiding by the court’s guidelines.
The court will dictate your parenting time and custody arrangements, whether you like it or not.
The courts always emphasize the importance of maintaining stability in the children’s surroundings. That stability comes from the parents spending time together. We are aware that dissolving a marriage can cause pain, and perhaps the only emotional tie left between the parents is animosity.
You should be aware of the significance and value of maintaining a relationship with your children as a parent. This is why parenting time and custody are divided, giving you the best chance to spend time with your children almost equally.
Parenting time is increased only by having complete or even physical custody. It gives you more chances to interact with your kids, maybe more than the non-custodial parent does.
Because you have custody and you don’t like the other parent, you want to make a point of not letting your ex see the children. You want to enjoy watching your ex struggle with being away from the children.
Therefore, it is not surprising that limiting access to children is a means of exacting retaliation against the children’s alleged offending spouse.
Remember that the parenting time both of you supposedly deserve is an opportunity made possible by a court order. It is a judicial order. Denying the father access to the children in violation of a court order has repercussions and sanctions.
You are already at odds with the person in charge of granting parenting and custody orders if that person believes you cannot act in the child’s best interests by disobeying court requests and directions. That person is the judge.
Second, only to perform poorly in court and in your daily life, defying court orders will quickly damage your case. Even though it may not necessarily result in you losing custody on its own, the court will usually see this as a sign of disrespect for their authority.
Reason 2: Abuse and Neglect of Children.
In Michigan, sexual abuse, sexual exploitation, or mistreatment by a parent, legal guardian, or any other person in charge of the child’s care constitutes child abuse. This includes any harm or threat of harm to a child’s health or welfare as a consequence of a non-accidental physical or mental injury.
Child neglect occurs when a parent, guardian, or other adult fails to meet a child’s basic needs. These basic needs include having access to clothing, food, and water, as well as a secure place to reside. The failure to provide a child with the necessary care and education is another example of this.
When parents are unable to care for their children themselves, they must make arrangements for someone else to do so. A parent who leaves his or her child at home alone may be considered to have abandoned the child by a court, which is grounds for rescinding the parent’s parental rights.
We posted an article about abuse and neglect entitled, “What Does Abusing A Child Mean in Michigan?”. There can be situations where you can be accused of child abuse and neglect. These allegations, whether true or not, can seriously compromise your child custody claims.
Reason 3: Alienating the Other Parent.
Never voice disapproval of your spouse in front of your children. This unnecessarily involves the children in dispute between you and your ex-spouse, which harms their fragile psyches and makes the entire process difficult for them. Keeping your disapproval and even anger in check can often be difficult in situations where you are forced to deal with a vindictive spouse or an ex with malicious spouse syndrome.
In stressful situations like divorce or a child custody dispute, it is imperative to keep your emotions under control, even though it can be difficult. You might be tempted to give in to your anger and erupt in rage, but you have to fight the desire.
Courts in Michigan are less likely to grant custody of a child to a parent who displays strong, volatile emotions, especially ones like rage. It is advisable to avoid responding in kind, even if your spouse is angry and spiteful, as doing so will only make matters worse for you.
It can also lead to emotional estrangement, which is even worse because it happens when a child starts to prefer a parent-free household as a result of one parent’s alienating comments. The courts have a zero-tolerance approach to this behavior and will punish any parent who partakes in it severely.
The other parent must always be treated with respect, despite your belief that they haven’t done anything to earn it. Honorable behavior will not only help to protect your child but also give the court the chance to demonstrate why you are the finest person to represent the child’s interests. Simply said, you shouldn’t criticize or speak poorly about your spouse in front of other people.
The same restriction applies to your friends and family. The biggest problem is that anything you say can be used against you in a custody battle and can give the court the idea that you are unreliable.
It’s possible that the person you confide in will be asked to testify in court or at a deposition even if they don’t consciously repeat what you said. They become powerless over the circumstance once they promise to tell the truth. Thus, they can be forced to betray your confidence.
Who gets legal custody of a kid after a divorce depends on a variety of variables. However, if the court decides that the parent is unfit to care for the child or if a circumstance arises that necessitates their removal, the parent may lose custody of the child. The three reasons above should give you enough information to avoid compromising your opportunity and rights to your child’s custody.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.