Sometimes, two legal terms have been subject to interchangeable usage. The terms are annulment and legal separation. The misunderstanding could be that couples in these states are no longer together. The two have different meanings that everyone must know for legal matters. First, an annulment is the declaration of a nullity in a marriage or completely dissolves a marriage. Second, legal separation is not a divorce for spouses cannot marry someone else. Both of these do not just involve spousal status but also child custody. So, let us discuss how the Michigan court handles child custody in annulments and legal separations?
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Is There A Difference On How A Legal Separation or Annulment Handle Child Custody Than In Divorce? – Michigan
Legal separation has similarities when it comes to child custody. A legal separation can either be the initial step before a divorce conclusion or that it will be the alternative. As mentioned in the introduction, the difference is the validity of marriage still exists. The separation will not affect the custody issue. However, the annulment most likely obtains the same custody effect with minor differences. Nothing changes the fact that child custody is not affected by the parent’s marital status, thus there is nothing to state that the rules for an annulment are different. The minor complication that the court oversees is the paternity status of the child’s father.
How Annulment Challenges the Custody Rights of the Father?
The legal father of the child is the mother’s husband. This is what the court is supposed to believe. However, an annulment signifies that the marriage never took place and the male spouse is no longer her husband. The courts will accept the man acknowledging himself as the legal father, so this is a simple issue to deal with, even without a DNA test. Once a recognized form of fatherhood has been established, both legal parents, whether married or not, have the same rights as any other mother and father.
Does annulment make a difference when it comes to grandparental rights?
Surprisingly, yes! Marriage and divorce both give comparatively little deference to grandparents when it comes to visitation or custody. The family courts give strong deference and priority to married parents. However, if an annulment renders the marriage nonexistent, this opens the door to grandparents being granted visitation or even custody. The consideration will happen if it is in the child’s best interest.
It requires a thorough discussion of how the Michigan court handles child custody in annulments and legal separations. Visit your trusted attorney for the appropriate legal advice. Goldman and Associates Law Firm is one of the service providers of family-related concerns in Metro Detroit, Michigan. Our family law attorneys could provide you with profound ideas based on specialization and experience. Do not think twice about asking for legal help. You may contact us during office hours using this number, (248) 590-6600. You can also book an appointment anytime using our website.