There is a legal concept called evidence. It implies bringing something to be seen. There are so many folks that show up in court empty-handed. They demand justice but lack supporting evidence for their claims. A blindfolded woman holding a scale is used to symbolize justice. You must allow justice to see the evidence so that it can be weighed. It’s what to expect in a child custody hearing.
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You must provide evidence in a hearing to establish child custody. Presenting evidence is a requirement. Show that you support the 12 statutory factors that are in your child’s best interests. To offer evidence for each of those factors, you will need to be aware of the rules of evidence. That can only be done by a family law specialist attorney. The public is served by the court. That helps you, but the tools are still necessary. Evidence is required. You can use and exhibit such pieces of evidence in court with the aid of your attorney. When evidence is correctly presented, it can aid the court in reaching a just verdict.
What you should expect in a child custody hearing?
The judge will decide on custody and parenting time based on the child’s best interests. The parents may be unable to agree. The court must consider the 12 statutory factors. Each parent has a chance to speak about the factors related to the best interests of the child. Each can have their time during the hearing on custody and parenting time. In determining the child’s best interests, the court is not obligated by law to consider all factors equally. It is in the discretionary powers of the judge to decide how much weight to assign each factor.
A judge considers the child’s best interests and the established custodial environment (ECE). While determining parenting time, the child’s best interests must be taken into consideration. The law says custody arrangements for children should not be altered whenever possible. The judge asks the parents about the child’s established custodial environment or ECE. The judge validates the ECE before making any decisions. A judge gets details of the child’s ECE before making a change to the current situation.
Effective preparation in any Michigan child custody dispute is critical. It requires an understanding of how the ECE and the burden of proof interact. It is the parent’s responsibility to show a stable home environment exists. You need it to establish or modify the type of custody that is given to each parent. You can be sure that the other party is monitoring ECE if you are unable to provide it. In a custody issue, it might be used against you.
Judges consider the conditions of the child’s life when determining the ECE. Are one or both parents meeting the needs of the child? Needs refer to love and affection, food, shelter, and other necessities. Is the child old enough to have spent a lot of time in the present setting right now? The party requesting the change must show overwhelming and persuasive evidence. The judge must find that an ECE exists. The judge can determine there is no ECE. The side showing an ECE that serves the child’s best interests will prevail. That side must show it by a preponderance of the evidence. Child custody hearings provide a forum for presenting this evidence.
Hearings are court appearances with a judicial officer. They are set to enable the court to learn, decide on matters, and issue appropriate orders. These may be short and uncomplicated, such as 15 minutes to ratify a settlement deal. When the parents cannot agree, they may take hours or days to make a final custody decision.
In some counties, a judge will preside over all your hearings. His or her rulings become court orders right away. Judges from other counties name domestic relations referees in some cases. A parent can file an objection. It triggers a rehearing with the judge. Referees offer recommendations that judges automatically approve.
What are the types of hearings in a custody case?
Either party or the Friend of the Court can submit a motion asking for orders. These orders define action on custody, parenting time, and child support. This is done after the complaint and answer have been filed. At a hearing, the court gets the data it needs to determine what orders should be issued. Both parties must be informed of the time and location of any hearings before a referee or judge. This gives a parent the chance to explain to the judge or referee why a certain order is necessary. The details of your case and the court rules determine the hearings you’re having.
Motion hearings.
Motion hearings (including ex parte objection hearings)
By submitting a motion, parents formally ask the judge for something. Usually, a hearing is set by the court before a decision is made about the petition. Motions can be for a custody investigation and a lawyer-guardian ad litem. It can also be for a modification to existing orders, and more may be submitted by parents.
The parent submitting the motion or their attorney presents evidence supporting their claims. It’s done during the hearing that will follow. The opposing parent or their attorney can also offer justifications and supporting details. Ex parte motions follow a distinct procedure. The court can issue ex parte orders, also known as emergency orders, without consulting the other spouse. This frequently occurs in situations involving spousal abuse or child abuse. An ex parte request is originally decided by the court without a hearing. The other parent has 14 days following notice to submit an objection. The parent can ask for a hearing if the request is approved. In contrast, the parent who filed the ex parte motion has 21 days to object. They can request a hearing if the judge rejects it.
In the ensuing hearing, both parents are allowed to take part. They are allowed to offer testimony and call witnesses. Then, the presiding judge issues the appropriate order.
Settlement hearings.
A judge must sign off on settlement agreements during a brief settlement hearing. This hearing is also known as a consent hearing. The plaintiff, or the parent who brought the lawsuit, must be present. The defendant (the other parent) is usually not required to attend, but they can. The average length of these meetings is 10 to 15 minutes. The parenting plan is also reviewed by the judge to make sure it complies with state law. The plan must abide by the children’s best interests. Parents (not their attorneys) might be required to give a short statement of the case’s facts. Parents respond to questions or queries.
Objection hearings.
The court can receive recommendations for temporary custody. It also goes for parenting time and child support. Recommendations come from your Friend of the Court (FOC). It is prepared by the FOC case manager or custody investigator. Unless a parent first files an objection, the court will issue orders based on the recommendation. In some counties, parents have 14 or 21 days to protest. When a parent objects, a hearing is called. Both parents or their attorneys can submit evidence to support their preferred arrangement. The presiding judge then gives temporary orders. Hearings on objections can last between 30 and 60 minutes. They can go longer in more complicated instances. The majority of FOC recommendations call for temporary orders. Following a custody investigation, the FOC sometimes recommends final orders. A final custody hearing is held by the court if a parent objects to the FOC recommendations.
Final custody hearings.
Parents may be unable to agree to the custody process. A parent can challenge the FOC recommendation for final orders. When this happens a final custody hearing is held. Parents or their attorneys cross-examine witnesses. This is done in front of the judge during these proceedings. The parties present all their evidence. The judge can speak with the children privately and outside of the courtroom. Depending on the circumstances, a final hearing may go on for a few hours or several days. The court evaluates the facts and any FOC recommendations. This is done after hearing all the arguments. They might make their announcements right away or after a few days. The decisions are then reflected in final orders issued by the court.
Civil contempt hearings.
A civil contempt hearing is also known as a show cause hearing. It is held by the court when a parent violates a custody order seriously or repeatedly. A parent must file a complaint with the FOC. The parent must provide proof for the procedure to begin. It’s done this way except for violations of child support orders. The FOC enforces child support orders automatically. Both parents testify during the hearing and offer evidence. The judge or domestic relations referee can impose new orders. This also could mean a fine of up to $100. It could also mean suspension of the violating parent’s driver’s license or passport. It can even mean a jail sentence.
What can be used as evidence in a custody case?
The child custody process can be difficult. This shouldn’t be an excuse for acting in a way that completely or seriously undermines your case. Your family law attorney may not always be working to help you win at all costs. They instead defend your child’s interests. They persuade the judge that your case is in the child’s best interests. Establishing a workable child custody arrangement only helps to increase the emotional tensions. Tensions seep into and aggravate already difficult legal challenges during the process.
What are the possible sources of evidence your co-parent can use against you in a custody case? Here are some possible sources of evidence your co-parent can use against you.
Dishonesty.
Never take lying or cheating on your ex-spouse and co-parent lightly. Your dishonesty may unduly weaken your case. It can compel the court to complicate your child custody case. These are often grounds for dismissal. Clients who hide information from their attorneys can make matters worse. They increase the possibility that the lawyer may be caught off guard in court. Provide your lawyer with the whole picture. It can help them understand the nuances of your case.
Disregard for court directives and requests.
If you disobey a court order, you run the risk of getting in trouble with the law. Even worse, it can prevent the court from hearing your case fairly in the future. Being court-friendly is always good. Following the rules of the court is one way to do this. The court will determine your parenting time and custody arrangements. The judge is the person issuing parenting and custody orders. The judge may feel you cannot behave in the child’s best interests. By disregarding court orders and requests you create conflict with that person.
Digital and social media footprint.
Sharing pictures, videos, or other materials of bad behavior on social media. This can give the impression that you are unfit to be a parent to the judge. If people see pictures or videos of you imbibing or using drugs, it won’t do you any good. Don’t share angry rants on Facebook or Instagram or send an angry text to the other parent. You might find yourself in a very lopsided legal quandary in a Michigan family court. Venomous, hostile, or violent messages could be used as proof in your child custody case. It can cause you irreparable harm. Do not comment on anything your spouse or ex-partner posts online. Don’t engage your co-parent in a virtual tit-for-tat.
Disparaging a parent in front of others.
It’s important to always be courteous to the other parent. This is even though you believe they haven’t earned it. Protect your child. Act honorably. It will give the court the chance to see why you are the best person to serve the child’s interests. You shouldn’t disparage your partner in front of others or criticize them. This caution should also work with your family and acquaintances. The primary problem is that anything you say can be used against you in a custody dispute. It can give the court the impression that you are unreliable. The person you confide in may be asked to testify in court. They might be called for a deposition even if they don’t knowingly repeat what you said. They become powerless over the circumstance once they swear to tell the truth. Thus, they might be forced to betray your confidence.
Refusal to make accommodations for what is in the child’s best interests.
You can come to a favorable parenting agreement without the help of the court. You and the other parent can agree to collaborative talks. If you refuse to make accommodations, you may be unable to achieve this goal. The court may consider your actions as evidence against you. Barring any child abuse concerns, Michigan courts prefer joint custody arrangements. It is assumed that a child will flourish when both parents are involved and show them love and support. You can choose to be disrespectful or unwilling to cooperate. Your co-parent might wind up with more parenting time.
Introducing your child to a stranger you are romantically involved with.
You should resist the urge to start a romantic relationship now. This can cause distress in children. It is unhealthy to see their parents having a relationship with another person. Your child custody arrangement is still being determined in court. Do not let someone you’ve been seeing be around your child. By doing this, you can avoid confusing your child. You avoid unneeded drama and disagreements with your co-parent. Any of these repercussions could lead to legal issues. Try to maintain peace in your current arrangements.
Understanding is necessary for efficient preparation in each custody case in Michigan. The established custodial environment is something you should be aware of. Recognize the interactions between the established custodial environment and the burden of proof. The parent must prove that a secure home environment exists. The type of custody that is granted to each parent can be established or modified with this evidence.
How to prepare evidence for a custody hearing?
Your case and your children can be affected by decisions made at hearings. It’s essential to plan effectively. Your lawyer will aid you in getting ready if you have one. They can best represent you if you give them whatever they ask for and are always honest with them. Prepare as thoroughly as an attorney would if you’re representing yourself. Learn about the elements the court takes into account while making custody decisions. Review the rules of evidence and the court system in Michigan.
Present proof of your capacity to uphold the children’s best interests at hearings. You might need to back up the assertions you made in your initial filing. Refute those made by the opposing parent. Contest the results of a custody investigation. Prepare academic, medical, financial, and legal records. Gather common forms of proof. Collage proof including pictures, emails, texts, and social media posts. Check character reference letters and family calendars.
Another popular form of evidence is witness testimony. Lay witnesses who lack expertise may testify based on their observations. These witnesses could be the parents themselves. They could be family members. These professionals can be people who have worked with you or your family. Professionals can be therapists and child care providers.
Parents can also retain expert witnesses. Experts can be forensic psychologists or child development specialists. They can provide their professional opinions during final custody proceedings. Consider professional fees and their availability. It will also depend on the rules of the court. Witnesses may provide an oral or written sworn testimony.
Judges are asked to decide who will make decisions for the child and when the child will be with each parent. Judges are obligated to decide on visiting arrangements. Judges will have to when parents involved in custody battles cannot agree. The Friend of the Court Office, the parents’ legal counsel, and/or the mediation procedure can all be used to help. The court seeks help to help parents decide on a custody plan. They can decide to work together to resolve their custody disagreement. Parents can freely get or change custody through the court system. They can do this by submitting the required paperwork. They can do it also by participating in different hearings the court sets.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.