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When parents divorce their connection with one another does not end once their legal case becomes final. After the dust has settled, the former couple will have a plan in place which dictates how they will share their time and decision-making regarding their kids. Those beginning the process of developing their parenting plan may have some preconceived ideas which are incorrect. Here are some common myths about child custody:
The Mother Always Gets Majority Parenting Time (Physical Custody)
While many people assume that mothers are always awarded primary physical custody of children during divorce, this is not always the case. Michigan law specifically presumes that it is “in the best interests of a child for the child to have a strong relationship with both of his or her parents.” With that goal in mind, the court will look to several factors in deciding if a proposed custody arrangement is in the best interest of a child. Its evaluation will involve examining both parents’ ability to work together and provide a safe, stable, and healthy environment. This consideration applies equally to both parents and does not prefer mothers over fathers.
A Parent Without Majority Physical Custody Will Lose Their Bond
When physical custody is structured to afford one parent more time with their child than the other, the parent with minority time-sharing may believe their relationship with their child will suffer. While it can be challenging for children and parents to adjust to this arrangement, this does not mean they have to lose their connection with one another. The parent can take numerous steps towards ensuring that they are involved with their child when they are apart. For instance, the parent could have regular calls, text, video chats, or emails with their child between visits. Additionally, the parent can make a concerted effort to work with the other parent to share information and to be present for extracurricular and school events. The parent could also volunteer to coach their child’s sports team or in their classroom.
Failing to Pay Child Support Means Not Having Visits
A parent who is obligated to pay child support may believe that if they are behind on their payments, the other parent can deny them visitation. This is absolutely not true. While being in arrears on child support can have different implications, a parent’s failure or inability to make their child support payments has no bearing on their right to see their child. The law favors parenting plans which allow the child meaningful and ongoing contact with both parents. This contact is not predicated on child support payments.
Child custody is a convoluted area of the law which can lead to misinterpretations. That is why it is critical that you contact an experienced family law attorney who can help provide you with the insight and information you need. If you have a Michigan child custody case, we are here and can help. Please contact us online or by phone if we may be of assistance.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
All Rights Reserved | Michigan Attorney Don E. Burch | Powered By Convert It Marketing | Privacy Policy
All Rights Reserved | Michigan Attorney Don E. Burch | Powered By Convert It Marketing | Privacy Policy