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How to Approach a Child Custody Battle

Admin • Dec 07, 2017
Lawyer ─ St. Joseph, Mi ─ Armstrong, Betker, & Schaeffer PLC

No one wants to think of their family falling apart. However, circumstances can change which lead to parents going separate ways — thus necessitating an agreement about child custody. Sometimes parents are able to come to an agreement about sharing custody of their children, but that's not always the case. When disagreement happens, you'll need to seek legal advice.

Choose a Custody Situation
You'll need to go into any hearing or court date prepared to fight for the custody arrangement you think is best for your child. Therefore, you need to know what the standard arrangements are.

Sole or full custody occurs when one parent has complete physical and legal rights over the child with the other parent having only visitation rights. In some cases, both parents share legal rights even if the child lives primarily with just one. Sole custody typically only occurs when one parent is deemed unfit.

Joint custody is the more commonplace approach. The details vary case by case, but typically both parents have both legal and physical rights over the child.

Remember the Best Interests of the Child Matter the Most
Every state has its own guidelines for determining child custody cases. However, the guidelines are always based on one driving force — the best interests of the child. Naturally, that's a subjective judgment, but several factors go into the determination.

The main factor is the stability of the home life. With that goes some financial, cultural, and possibly religious stability. Likewise, the primary caregiver is expected to be both physically and mentally healthy. Finally, judges usually favor the option that creates the least disruption in the child's life, meaning the fewest adjustments to school and community.

Be Prepared for Questioning in the Hearing
Since the ultimate goal for any child custody hearing is the best interests of the child, questions in the hearing will be based on how you can meet that standard.

When you go in for a hearing or court date, be prepared to showcase your physical, mental, and financial stability. Any methods you have for showing you offer the child a well-rounded life are also beneficial. This is imperative if you or the other parent is seeking full custody of the child.

While at one time the preference was to give one parent sole custody and the other visitation rights, the trend is now to award joint custody. When you or the other parent are asking for joint custody, the judge will likely to ask how well you communicate with the other parent. This stems from the need for communication in co-parenting situations.

Make a Parenting Plan
In cases where both parents are capable, stable adults, judges typically award both parents joint custody of the child. Therefore, you'll need to work together on a parenting plan, or guidelines for raising the child.

Your parenting plan needs to include several factors. First, you should include a schedule for your child to spend time with each parent. When deciding on this schedule, remember to keep the best interests of the child in mind to avoid accommodating the schedule for the convenience of the parents.

The plan also needs to include provisions for medical care. It should include information about who is providing insurance and how out-of-pocket costs will be covered. The most detailed plans also include who stays home to care for a sick child.

In that vein, you also want to include educational, extracurricular, and religious activities in your plan. Plan ahead of time how each of these topics will be approached and who is responsible for costs and transportation associated with the activities.

One of the hardest things to do when a relationship has ended is to approach child custody with a calm, even-headed attitude. That's why you should consult with the attorneys at Armstrong, Betker and Schaeffer, PLC for help planning the best parenting experience for your child.

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