Battling with your former spouse over financial accounts and possessions is difficult enough, but what would one do when the kids are involved? If you and the other parent desire primary custody of your children and there appears to be no middle ground, one is required to demonstrate to the courts why they are the better parent.
The perception of hopelessness and objectivity of the legal procedure is one of the most traumatic aspects of divorce for everyone. One feels powerless, and they frequently believe that the system is uninterested in their side of the story. Everyone requires attorneys who would listen to them and help them make the legal system to be in their favor.
Context is extremely important in a child custody case. Divorce should be treated seriously, whether you are safeguarding your established business or battling for your child’s best interests.
Child custody lawyers in Michigan do this to the best of their ability. When it comes to understanding the emotional toll that this may have on one’s life, you need lawyers that can address your issue with levity and care while also providing a loving and supporting environment.
The higher burden of proof
If one seeks sole custody (generally referred to in many states as “Primary Allocation of Parental Responsibility”), one is trying to convince the court that the kids are more advantaged being in your custody. It means that you can take over the role of being the primary decision-maker for major child-rearing choices such as healthcare, education, or religious practice.
In many circumstances, the courts are generally unable to demonstrate that one parent is superior to the other parent. When this occurs, joint legal custody or a mutual assignment of parental duties is granted, and the kids will spend some time at both homes – bear in mind, however, that the allocated parenting time each one has may be quite different. The judge may command the parents to jointly make these decisions for their child as long as one parent significantly spends more parenting time.
This is a higher burden to establish to the court and one that you must be very cautious about expressing. Unless there are extraordinary cases, such as a genuine threat to the kid, the courts will not wish to remove either of the parents from the child’s life. If both parents have indeed been involved in the lives of their children up to this point, why is either parent suddenly claiming to be the only custodian of the kids?
The Better Parent Standard
Almost all courts base child custody judgments on the premise of the favor of the child standard. This implies that the court will decide on the custody hearing that best meets the requirements of the child depending on various considerations. Because each state handles child custody cases differently, the variables considered by the court will differ based on the jurisdiction in which the child custody case is filed.
However, this standard shares many characteristics, one of which is each parent’s desire and capacity to enable and foster a close and lasting relationship between the other parent and the child.
How to prove you are a fit parent in court
To prove to the court that you are the better parent, occasionally parents attempt to undermine the other parent. Even though some of these allegations may be valid, bringing up matters that just upset you will be dismissed by the court.
This will be perceived as an assault on the other parent, making you appear less attractive to the judge rather than demonstrating how horrible of a caregiver your ex-spouse is. The line between promoting yourself as the superior parent and bashing your ex might be razor thin.
It will almost certainly include major mistakes made by your ex. However, it should mainly look at the positives in one’s life. This includes stability of their home, school evaluations nearby, working days, recent and past participation in your child’s life, who initiates medical appointments, and so on. The list goes on and on, but this should be the core of your case. It all boils down to how effectively you show yourself in court.
A court may consider the following factors when determining a person’s fitness as a parent:
- The capacity of a parent to communicate with a child – The court would want to determine if a parent has a solid relationship with their kid and can quickly detect the child’s necessities and behavioral changes.
- The living situations of the parents – If one parent stays in the marital house and the other moves elsewhere, the court evaluator must analyze the children’s living arrangements in both homes.
- The work schedule of the parent – A parent who spends longer hours working away from home, or during unusual hours, may not be able to give enough supervision or devote sufficient time to their child. The court may be looking for evidence of a desire to move or change occupations in order to offer a more stable living environment for the kid.
- Psychiatric issues – If a parent suffers from an unstable or violent mental health illness, the court may rule that this poses a risk to the children. To assess the parent’s appropriateness as a parent, a court evaluator would want to examine the documentation of therapy, psychotherapy/counseling, psychiatric medications, and other components of the parent’s mental health care.
- The child’s point of view – In rare situations, a child’s preferences may be considered by the court in a primary custody case. This usually only applies to kids above the age of 12 who can explain their views pretty well.
Other reasons may include:
- There is a history of child abuse – A parent who has abused his or her children in the past would be looked down upon by any court. When it comes to child custody matters, it is quite tough to defeat any form of child abuse accusation. If a parent has a history of child abuse, the court would most likely provide only limited visiting privileges, if any at all.
- There is a background of substance abuse – Parents who have suffered from addictions in the past would need to demonstrate long-term recovery and dependability in order to obtain custody. A history of relapses may cause a court to believe that the parent is untrustworthy and a risk to the children.
- Domestic violence in the past – A court evaluator would want to know if a kid has seen previous abuse and will extensively evaluate any domestic violence accusations.
- The capacity of a parent to make mature decisions for their child – The court would want to know if a parent can make age-appropriate decisions for his or her child about curfew, friendships, being away from home, jobs, religious observances, and media consumption.
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