Can fathers get custody of their children? Is being a father, as against being a mother, an issue in child custody? How can fathers get custody?
Now the court has about a dozen factors that it uses to evaluate whether or not going with mom serves the best interest of the child or going with dad. And the court uses those factors and goes through them one by one. They take these factors apart one by one and apply them to make the determination.
Can fathers get custody? Of course. It happens all the time.
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In the old days maybe in the 50s and 60s, there was a bias toward the mom in custody cases. But it is really not the case anymore. And if you’re walking around thinking about not pursuing custody because you’re a dad, that’s not the appropriate way to look at it.
What you should look at is what is in the best interest of the child.
Do I really provide the best opportunity for the child to thrive? If the answer is yes, go for custody.
What Is Legal and Physical Custody?
Legal custody refers to the authority over the child’s decisions. A parent who has legal custody of their child is responsible for making decisions for them on things like school enrollment, medical care, participation in extracurricular activities, and even religious upbringing. Remember that the legal definition of “sole custody” is ambiguous. A parent is said to have sole custody in accordance with the Michigan Custody Guidelines if they are granted both primary physical and primary legal custody.
When parents have joint legal custody, they can work together to make choices that will significantly affect the welfare of the child. Joint custody is not affected by how much time the child spends with each parent. However, the court may decide to give one parent primary legal custody over the other if the decision is contested. This could happen, for example, if both parents are devoted followers of their own religions but follow different denominations.
Physical custody in Michigan relates to where the child resides. A parent could be granted primary custody if the court decides it’s in the child’s best interests. Families and other factors, such as community involvement, may also be taken into consideration. Even though one parent may have primary custody, the other parent may be provided “parenting time.”
Custody may be sole, joint, or split between both parents. Joint custody is the term used to describe parents who divide custody. When parents have joint legal custody, they must work together to decide on important matters affecting the children. If the parents share physical custody, the children visit each parent on occasion.
Legal custody primarily refers to the right to participate in decisions affecting the health and welfare of the child, including decisions on schooling and religious upbringing. Physical custody typically refers to whom the child will live with more frequently. Joint legal custody is typically the norm.
How Is Child Custody Determined?
The majority of parents will get in touch with the Friend of the Court office initially when a court is trying to decide custody. One of the Friend of the Court’s responsibilities is to finish a custody evaluation.
The law requires the Friend of the Court to conduct an investigation into all relevant facts and make a written report and recommendation to the parents and the court regarding child custody when there is a disagreement regarding child custody or parenting time or both, and domestic relations mediation is requested by the court, ordered, or refused by either parent. The law further stipulates that an investigation shall include a meeting with a party upon the party’s request.
Parents are often very nervous about having their parenting skills evaluated. In many circumstances, parents fear that the examination would cause them to “lose their children,” which may make them feel even more worried.
The evaluator usually poses questions that are identical to one another in an effort to cover every aspect of the Child Custody Act. In an effort to learn more, the assessor may sometimes ask supplementary questions. The Child Custody Act’s criteria are used by the custody assessor to gather data, establish broad conclusions, and offer suggestions to the judge.
Only Friends of the Court and domestic relations referees are permitted to make recommendations to judges for orders. According to the law, the judge’s decision in custody cases must be based on what is best for the child. In order to determine what is in the child’s best interests, courts conducting custody hearings take into account all the facts presented regarding the requirements of the Child Custody Act.
Before the judge may rule on custody, a hearing must be held if the parents cannot agree and want the court to adopt a settlement or consent decree. If a judge independently determines that a stipulation or consent order is in the child’s best interests, they will often accept it. Judges must accept, authorize, and sign a stipulation or consent order based on their own findings before it may be used as a legally binding document.
The judge may see the custody evaluation report written by the Friend of the Court before the hearing. Judges frequently review these documents to gain a better understanding of the family’s situation. During the custody hearing, the judge may hear testimony from witnesses such as teachers, family friends, counselors, etc. The judge may also review further school records, local documents, counseling reports, etc. as evidence.
If parents disagree with a judge’s decisions, they have the right to appeal. A formal appeal is a request to have a judge’s decision overturned by a higher court. The Michigan Court of Appeals hears appeals involving domestic relations. Parents have the option of asking the judge to review a previous custody decision without bringing the case to a higher court.
After establishing that a custodial environment has been formed, judges may only modify custody if there has been a material change in the circumstances and the change is in the child’s best interests.
It is not required for it to be convincing and clear for the judge to alter custody if there was no previously established custodial environment. It is important to realize that just because a child lives with a parent, it does not necessarily mean that a formal custodial arrangement has already been established.
Can Fathers Get Custody?
Generally speaking, both the mother and the father are equally entitled to full custody of the child. In theory, men don’t have it much harder when seeking to get full custody. In American families, the man has traditionally been the “breadwinner.” A family court can be concerned that the father won’t have enough time to handle full custody of the child if the dad has a very demanding work schedule and the child is not yet old enough for school.
However, if both parents are employed full-time, their chances of obtaining complete custody are equally slim. It’s crucial to remember that courts prefer for both parents to split custody rather than awarding custody to the woman.
If it is evident that a father is a sole parent who can provide for the child financially, sole custody of the child is likely to be granted to him. Depending on the circumstances, if the mother of the child has no income or a very low income and the father is requesting full custody, the father may be granted full custody and the mother may only be granted visitation rights.
If the co-parent has a criminal history or a history of neglecting the child, the father will also be more likely to be granted full custody.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.