William Rigby


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 need to realize 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 different directions that can be persued. There is physical custody. This is where the Child is physically living. To be considered 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 decisions about school, religion and many other factors of a Childs life.

There is joint custody where each parent is responsible for the decisions in the Childs life. Both parents are responsible for the support of the child. This is determined by the financial means of both parents. Be aware the joint custody does not do away with a parent’s responsibility 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 alimony. You will just get less or not have to pay anything for child support if is equal to the alimony you are going to get. If you are getting 500.00 in child support but owe 500.00 in alimony. These will offset and no money will change hands.

The money for child support and alimony can be taken from your pay checks. 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. Both parents need to take into consideration that putting their differences aside and working together will be in the best interest for the child. Mom and Dad 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. Mom or dad may not be able to watch and supervise the kids whatever reason. No matter what the reason, The best interest of the kids need to be kept in mind.

IC


What is the definition of child custody in this state? Who is entitled to that custody? Which state has jurisdiction and can children be moved out of that state? What can the party do if a spouse or ex. is in danger of removing the child from the court ordered environment.

Custody, in Florida means being responsible for the needs of a person under the age of 18; this can be further defined by the physical care and supervision of the child. The custodian has a court order for the right of physical custody along with the duty to rear, keep safe and discipline their charge. Medical, food, shelter, education and other material needs are to be provided.

Both parents are entitled to custody. There is joint custody; so ordered by a court. The public policy assures frequent and continuing contact with both parents. If there are extenuating conditions then a child can be put into home with an extended family member by a petition; temporarily. If there is “probable cause” such as abuse, neglect, or abandonment then that child can be “taken into custody” by a police officer or an authorized person and placed with a non relative.

In joint custody the court will order both parents to share responsibility, they will both retain their parental rights, and jointly make decisions in the interest of their child. If the child is able and has the intellect, the court may consider their participation in the decision. The court can consider both the parents’ desires, or may give one parent the ultimate responsibility for certain aspects of a child’s interests or share the responsibilities.

You will need to provide as much information as possible to the court for evaluation in the welfare and interests of the child. This should include information about you and the other party’s behavior and finances. A lawyer is recommended but not required. They are helpful in gathering, presenting, and convincing the judge.

Florida has the Uniform Child Custody Jurisdiction and Enforcement Act. The custody order will be issued in the state that can determine in the best interests of the child. Usually you file in the “home state” where the child has lived with a parent or person for (6) months immediately before the child custody proceeding started. There are exceptions to the “home state” rule such as: when there is “competent substantial evidence” of a risk that a party could violate a court order by removing a child from the state or country without the notarized written permission of both parents. However, providing this information may be difficult. There may be more and complicated steps where an attorney may be needed.

In summary, in Florida, child custody is being responsible for the best interests of a child to include shelter, food, education and other needs for the minor less than 18 years of age. Both parents are entitled to joint or shared custody so ordered by a court. The custody order will be issued in the state that can determine in the best interests of the child; usually the “home state” where the child has lived for (6) months immediately before the child custody proceeding started. When there is “competent substantial evidence” of a risk that a party could violate the court order by removing the child from the state or country a notarized written permission signed by both parents can be submitted.