September 2008
Monthly Archive
Monthly Archive
Divorce and other family disputes can take a toll on you. When your financial future and marital status are at stake it can be quite intimidating. People that get divorced and are looking at michigan child custody laws, it can be tough for both parents. When children are involved it can be both stressful and emotional.
As with other states, Michigan child custody law has a different directions that can be persued. There is phyisical custody. This is where the child acutally lives. To be consdered under the michigan child custody law the child or children and parents or parent have to live in michigan. Legal custody in michigan child custody laws gives the parent who has legal custody the right to make decisons about school, religion and many other factos of a childs life.
There is joint custody where each parent is responsible for the decisions in the childs life. Each parent is responsible for the support of the child. This is determined by the financial means of both parents. Be aware the joint custody does not due away with a parents responsibilty of child support. Child support is determined by the courts.
What is usually the case is the parent that has physical custody of the child ends up getting child support payments. This can be off set if you have physical custody of the child and owe alimoney. You will just get less or not have to pay anything for child support if is equal to the alimoney you are going to get. If you are getting 500.00 in child support but owe 500.00 in alimoney. These will offset and no money will change hands.
You must also be aware that child support and/or alimoney can be withheld from your pay. It can also be deducted from you income tax refunds. This is probably the best way to handle this as the court will have a record of how much you have paid and are continuing to pay.
In MIchigan child custody law the two parents can also enter into a shared agreement. This would be the preferred way to go. The key here is that both parents can put their differences aside and work together for the welfare of their child or children. The two parents would share custody. One may have the child during the week. The other in the summer. They may split weekends and holidays.
There is a Sole custody agreement too. In this type the parents usually have a reason for doing this. One parent may work shift work and not be able to provide supervision for the child. Whatever the reason, make sure it is best for the child.
Mail this postPopularity: 100% [?]
3 comments Friday 19 Sep 2008 | admin | child custody
It used to be that mothers were the "chosen ones" to get custody of the children no matter what. In todays world this is no longer true. Winning child custody doesn’t matter if you are the bread winner in the family or not. It has become more complicated and the outcome is not cut and dry.
Preperation beforehand could be the key to get you started in the right direction to winning the custody of your child.
One of the first things you can do is get your financial situation in order. The court will want to see your pay stubs, any stocks and bonds you have, bank statements and tax returns. Be sure and give the court the legal ones you filed. Do not try and fudge them. You will be caught in the longrun.
You must keep track of child care costs. The court can use this to determine child support payments. The amount will vary state by state. Keep track of how much you spend on health care, food, clothing, school supplies and any other relevant expenses.
You have to try and clean up your past if there is bad stuff in it. If you are jobless, get a job. If you have a drug problem, get help. It is best to have all this information out in the open and up front. You know your spouse will bring it up. If you are making an effort to fix these things the court will look on you more favorably.
Chose your legal counsel wisely. Get a lawyer that is experienced in child custody cases. Don’t get one that specializes in domestic abuse when you are in the market for winning child custody.
As I said before, your spouse will dig up all the dirt they can on you. So, you should dig up all the dirt on them that you can. If you want to win child custody the use of any means necessary is in play.
The best way to handle winning child custody is to try and work together to come up with a custody agreement between the two parents.
Mail this postPopularity: 85% [?]
1 comment Sunday 14 Sep 2008 | admin | child custody
The first thing both parents should realize is that there are no real winners when children are involved. How to win child custody? The best way is to try and come to an agreement between the 2 parents. This can be done through a mediator , lawyers or between the parents. Doing this between the parents will save both of you a lot of money. It is not how to win child custody but how to put the children in the best situation to cope with this ordeal. When the parents can come up with their own custody agreement, children tend to adjust better. You will also spend a lot less time in the court room.
People have to realize that there are those cases that just can not be solved. This could be due to either abuse or the personalities of the parents are too strong. In this case seek the services of a lawyer that specializes in family law.
When you are trying to find out how to win child custody be sure to be open and honest with your attorney. Don’t lie about anything you have done or said. It will come out . It will hurt you in a custody case. Tell your attorney everything you can about the child’s other parent.
Keep a log of everything. Write down any problems your child is having with the other parent. Keep track of the money you spend and on what. You want to be able to prove to the court that you are the best parent for your child. Allow the other parent to see the child. If you don’t , you can be seen as the unfit parent.
Never argue in front of your child. Never say bad things about the other parent. This will also make you seem as the one that is the unfit parent.
How to win child custody? You have to level headed, methodical and detailed in everything you do, say and spend. Just because you have more money doesn’t make you the better parent. Be the best parent you can be. The custody of your child can be yours.
Mail this postPopularity: 94% [?]
1 comment Friday 12 Sep 2008 | admin | child custody
Child custody brings to the forefront some of the most emotional and difficult issues of the divorce process. Fathers have rights too. How dad can get custody of child. That is the question. Don’t assume just because you’re a father that custody cannot be won. Many fathers automatically figure that the mother is going to get custody and give up way too soon or don’t fight for the custody of their children. Even when the father knows that the child or children would be better off with them.
What can fathers do and how dad can get custody of child. Here are a few suggestions. First and foremost you have to be able to prove to the court that you have the best interests of the children in mind. You can do this by keeping track of what you do with your kids and when. A detailed report of how you take them to their sporting events while your ex-wife sits at home, how you help them with their homework, how much you are involved with the school that they attend and the general care and discipline that are provided for the kids. What the court is looking for is who has spent the most time with the child or children.
IF you can show that you, their father are the primary care giver, disciplinarian, mentor and provider for all they need, you have a very good chance of winning custody. You must show that you have good parenting qualities.
If the ex-wife is seeing someone else and that person is living with them, a back ground check on that person would be a good idea too. You need to find out if that person has a history of domestic violence, child abuse, sexual assault and the like. Just about any judge would be crazy to award custody to someone living in the house with children that has that kind of past.
What you do not want to do is try and turn your child or children against the other parent. Do not say bad things about their mother. The court looks for this and is very unfavorable to this kind of psychological abuse by any parent. These are just a few suggestions on how dad can get custody of child.
Mail this postPopularity: 90% [?]
1 comment Sunday 07 Sep 2008 | admin | child custody
Child custody is used in the courts to define who is the legal guardian of a child under the age of 18. The guardianship comes into play under certain circumstances. These are parents that get a divorce or have never gotten married. There is also the ones that are gay or transgendered. The best interests of the child and custody of that child, in my humble opinion, is the most difficult and the most important of all the issues in a divorce proceeding.
The courts will determine what it sees as best for the child and custody will be awarded on that basis. It is always better for the child for the parents to have joint legal custody. This means both parents will have a say in what is best for the child. You each have the right to participate in raising your child or children. When the courts consider joint legal custody, they take into account how much each parent had a role in raising the child or children. These factors can differ state by state.
You have to realize that just because you have joint legal custody doesn’t mean you have joint physical custody. Both parents may be awarded joint legal and physical custody. Which is great for the child’s sake. The child should be involved with both parents. It depends of the details of your case.
I will tell you this. If you are planning on moving out of the state and think the court will give you physical custody, It won’t happen. The only way this can happen is if the other parent agrees to it. You can not remove the child from everything they know, their friends, school and hangouts. The child will end up hating you for doing this to them. Believe me, I know. Just ask my daughter who now lives in florida with her mother. I gave her permission to go there and now I am paying the price for it.
Make all of you decisions about your child and custody of that child carefully.
Mail this postPopularity: 85% [?]
2 comments Friday 05 Sep 2008 | admin | child custody
Every parent that has a child or children and splits up from their husband, wife or partner has the same concern and question. These are child custody questions. They want to know and should research what will go on in the battle for child custody. You should try and work out between yourselves a child custody agreement you both can live with. Otherwise the custody battle can get ugly.
The judge when hearing a case about the custody of a child wants to know first and foremost, which parent is really putting the childs best interests first and doing their best to keep their kids out of the custody fight. The she said this and he said that approach is a sure way to loose favor with the courts as judges hate that . By developing a plan and having a history of putting the child or children first will really go a long way to winning favor in the courts.
Another child custody question is visiting rights for the parent that does not have custody. These rights are determined by the courts. The schedules for visitation can vary a great deal depending on the circumstances. A typical schedule might be every other weekend, one night a week, switching holidays and 2 to 4 weeks for a vacation in the summer. The other parent visiting the child or children is in the best interest of the child. Unless of course there was some kind of abuse going on. In the case of parent who commits violence visitation may be allowed, but only if the judge believes that certain measures can be taken to make sure the child is going to be safe. This may consist of visits that are supervised.
When you have child custody questions it is always a good idea to consult a lawyer. The lawyer has taken an oath to take you, his/her clients interests , and promote them. This is even if it effects the interests of others.
There is something you can do to prepare yourself before going to a lawyer. Do some investigating on your own. This will give Ideas and have you better prepared for the long road ahead.
I am all for joint custody unless it puts the child in danger from one of the parents. One parent being absent from a childs life sets up this situation. The parent with custody is left to do all the work raising the child and disciplining them. The absent parent that only sees the child sporadically is viewed as the fun one.
Mail this postPopularity: 94% [?]
3 comments Wednesday 03 Sep 2008 | admin | child custody