Parents who divorce typically share responsibility for their children. People preparing for divorce or in the early stages of custody negotiations often need to understand the standards that the courts use when allocating parental rights and responsibilities.
They also need an understanding of the resources available to them. Learning the basics can help parents avoid unnecessary conflict with one another and keep the focus on what their children need.
Custody decisions prioritize the children’s best interests
Parents in Michigan can reach a custody arrangement through direct negotiations or mediation with one another. Parents who pursue uncontested custody orders establish their own terms that the courts simply review and approve.
If parents do not agree on how to divide parenting time or other important custody terms, then they must litigate in court. During custody litigation, a judge focuses on the best interests of the children. Unless there is evidence affirming that the children may be at risk if left in the care of one parent due to addiction, abuse or other serious issues, shared parenting time and legal authority are standard.
The exact division of parental rights and responsibilities depends on family circumstances and a judge’s perception of the situation.
The responsibilities of parents who share custody
Parents who share custody have an obligation to uphold the terms outlined in a custody order. The failure to do so could leave them at risk of enforcement actions or accusations of contempt of court. The other parent could also petition the courts for a custody modification.
Parents generally need to show up on time for custody exchanges, communicate in advance when issues arise, allow for makeup parenting time if they must cancel one another’s time with the children and share information about the children that is relevant to their shared custody arrangement. Disputes between parents, including issues with unpaid child support, do not justify the cancellation of parenting time.
Resources for parents who share custody
There are many tools and resources that can be helpful for Michigan parents who share custody of children. Many parents still adjusting to the new arrangement during and after a divorce use parenting apps to communicate in writing. Written communication can help keep the dynamic between parents as amicable as possible and allows for better organization when parents make adjustments to the custody schedule.
Parents also have access to the friend of the court. The Friend of the Court (FOC) can assist with child support assessments and enforcement. In cases where there are concerns about the well-being of children, the Friend of the Court can also serve as an advocate for children. They can also provide dispute resolution services.
Legal representation is valuable when preparing for divorce and shared custody. Discussing custody priorities and concerns with an attorney can help parents understand their rights and how the courts address various custody issues.