How can I prove I’m the better custodial parent? Does bad-mouthing the other parent every time you get the opportunity make you appear to be a better parent? It might be accurate to say that drug misuse occurs in the other home. It might be true that there are other forms of drug abuse besides alcohol, and this should be brought up in court.
It’s not your desire to pick a fight with the other parent; rather, you want to show the court that your home is dry. In your home, alcohol is not consumed. You must be aware of one thing: The court will consider what is best for the minor child.
Click here to watch the video How Can I Prove I’m the Better Custodial Parent in Michigan?
To be a great parent, you, therefore, need to have a particular perspective. The minor child’s best interests must always come first when making decisions. This will persuade the judge that you are the best option.
This will highlight how differently each household uses alcohol. In the other home, it’s not just consumed; it’s also abused. That must be considered by the court.
Jumping on the other person is not the primary concern. The key is to show that you’re a better choice than that the other parent. The emphasis should be on portraying a healthier environment for the minor child.
Who Is a Custodial Parent?
There are legal guidelines for judges to follow in establishing what is in the best interests of the child, which is a broad definition used in Michigan to determine custody. Often, if the court is on board, parents can come up with their own plan, and the judge will approve it.
On occasion, the court will have to establish the specifics of the custody arrangement in a contentious child custody case. Both physical and legal custody are recognized by Michigan courts. A judge may appoint sole or joint custody for either kind of custody.
The decision-making for the child is referred to as legal custody. A parent who has legal custody is in charge of making choices for their child in relation to issues like school enrollment, medical care, extracurricular activity involvement, and even religious upbringing. Keep in mind that sole custody is not defined legally in Michigan. When one parent is given primary physical and legal custody of a child, this is known as sole custody.
Joint legal custody entails both spouses participating in critical child-related decisions. If a choice is contested, however, the court may decide to give one parent primary legal custody over the other. This might occur, for instance, if both parents are devout believers in their own religions but belong to different denominations.
In Michigan, physical custody refers to the child’s residence. If the court determines it to be in the child’s best interests, a parent may be given primary custody. A number of factors, such as involvement in the local community and families, may also be taken into account. The other parent may be given “parenting time” even though one parent may have primary custody.
Joint custody would give both parents equal access to the child while maintaining a set schedule. For instance, one parent might be responsible for the child’s care during the academic year while the other is in charge during the summer. Alternating holidays, birthdays, and other significant anniversaries can also be arranged.
The court must take into account joint custody requests from either parent. Unless it is established that joint custody is not in the best interests of the child, the judge must grant joint custody if both parents consent to it. This decision’s explanation must be stated in writing.
Are You Unfit for Custody?
The question of fitness for custody as a parent can hit a parent very personally and very deeply. A parent is seen to be an unfit parent by the law when they fail to provide their children with the proper guidance, care, or support through their actions. A parent will also be deemed unfit if they have a history of maltreatment, neglect, or substance abuse.
In Michigan, when a parent is deemed unsuitable, Child Protective Services, or CPS, is frequently engaged. A safety plan or an open, ongoing investigation may be in place against the parent.
Children’s custody arrangements between divorced parents may not be agreed upon or the other parent may not be trusted with the children.
A judge or a parent can ask to have a child custody evaluation done. The objective is to determine whether granting custody to one or both parents is in the child’s best interests or if the child’s welfare, safety, or health are at risk.
The following 10 factors will be taken into account by the CPS evaluator when making a recommendation.
[ 1 ] Setting Age-Related Limits
Although parents might not always agree on age-appropriate limitations, it could be a red flag if one parent tolerates extreme situations. When parents share legal custody, they should make age-appropriate decisions together, but not for small things like bedtime.
In this case, co-parenting is required, and you must trust your partner to manage their home intelligently.
[ 2 ] Recognizing and Meeting the Child’s Needs
A child needs to understand that both of their parents are concerned about them. Just as divorce is challenging for the parents, navigating two distinct households is challenging for the child.
The children’s belief that they can communicate well regardless of whose house they are in is vital. If a parent notices a disconnect, are they responding correctly and seeking assistance when necessary? All of these are essential components of a good working relationship.
[ 3 ] Prior Experience With Childcare
Both parents should have access to dependable child care, and all information should be shared. Each parent also needs to be able to care for the child on their own without help. If the child is always reliant on assistance, whether it comes from the co-parent or other family members, a change in custody may be necessary.
[ 4 ] Approaches for Resolving the Parental Custody Conflict
Co-parenting is challenging. Positive co-parenting is feasible but it takes a lot of work from both parties. If one parent regularly criticizes the other or if every decision is a point of contention, your child will notice.
If there is insufficient cooperation and constructive decision-making, a new custody agreement may grant one parent decision-making authority.
[ 5 ] Child abuse
If a parent is heavily involved with CPS, it could be time to change custody. To determine whether abuse or neglect needs to be proven, CPS may have performed a thorough investigation into a home.
If they have a concern, they will offer an immediate safety plan, which you can bring to court to ask for urgent custody decisions. Even though the situation may have been resolved without an investigation in certain cases, CPS involvement is a significant indicator to look out for.
[6] Domestic violence
It is never okay for children to see domestic violence in silence. The abuse of one parent by the other is also never acceptable. You have a number of choices at your disposal, including changing the custody arrangement to reduce interactions, getting a domestic violence restraining order, getting therapy for the abuser, and taking domestic violence classes.
[ 7 ] Abuse of Substances
Even if a substance is legal, such as marijuana, the court may impose orders restricting a parent’s use of it in order to ensure the safety of the kid. Substance abuse assessments might be ordered to gauge the extent of the problem.
[ 8 ] Psychiatric Disorder
When a parent is taking their medicine and receiving mental health care, everyone wins, including the child. However, if they are not receiving treatment for their mental health illnesses, this can be a very unsafe situation.
[ 9] Social Interaction
Social interactions between the child and both parents are important for fostering positive relationships and memories. If one parent objects to the child’s activities or even their participation in them, the child can suffer.
[ 10 ] Children’s Attitudes Toward Their Parents
Because both parents should encourage and foster positive interactions between the child and each parent, it is essential that the child is not raised with a negative view of the other parent.
A child who acts out or shows signs of fear before a visit may be a sign that the relationship needs to be repaired. It’s important to pay attention to the child and act accordingly.
When the evaluation is over, the evaluator will write a report to help the court decide. If either parent objects to the report, they will have the chance to do so in front of the court and provide testimony or other evidence to the contrary. If you reveal the contents of this report, you risk being penalized, having to cover the other party’s legal costs or both.
Are You the Better Custodial Parent?
Even if you don’t want to talk to your spouse or partner anymore, they are still mom or dad to your children. According to Michigan law, a child gains by having close contact with both parents. As a result, joint legal custody awards are frequent, and parenting time is typically given to both parents unless doing so would not be in the best interests of the child.
If you accept that your co-parent will probably participate in your child’s major life decisions, it doesn’t necessarily mean that your chances of raising your child alone are over. The parent who served as the children’s primary caretaker before the separation is frequently given primary physical custody of the children by judges in various counties throughout the state. In other instances, the situation may need one party to function as the child’s primary physical custodian, in charge of managing the child’s day-to-day needs, simply because they are manifestly more capable.
But, if for some reason you are too engrossed with the other parent and too focused on how they are interacting with your children, you may be focusing on the wrong things. The most important area of your life as a parent is your children.
Otherwise, you may not be close enough to be a custodial parent and the court will see through you.
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Goldman and Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.