Child custody Attorney in Lansing & surrounding areas
A child custody case is a court case that establishes the legal rights and obligations of the mother and father towards their kids. Occasionally, an individual other than a parent can file a child custody case with the state. Contact Bahrie Law today to allow us to help you protect your rights.
How to know if you can file a custody case?
If you are not currently married to your child’s other parent, you need to ascertain Affidavit of Parentage prior to filing for custody of a child. If you currently have a court case, the courtroom may want to determine custody concerns in that situation of proving paternity. If you are currently married to the child’s other parent, filing for divorce is the proper mechanism for determining child custody.
If both parents are not married to each other but have an Affidavit of Parentage, you can file for child custody. A signed and submitted Affidavit of Parentage, verified paternity, thus, the child has a legal mother and father. You can file a custody case in this scenario.
Filing your child custody case in the Michigan county in which your child currently lives is highly advised. Judgment regarding custody, parenting time, alimony and child support are typically generated in a divorce case. If you are currently married, separated at the moment, and there is no divorce case currently filed, you can then file a child custody case.
A child custody case will not solve or help with marital property or debt concerns. It will not get you an official divorce. Therefore, filing for divorce is recommended to resolve all issues at once.
Regardless of whether you file a divorce or child custody action, there are two different types of custody:
Physical custody which refers to the quantity of time each individual parent is authorized to physically be with their children. Within physical custody, there is sole, primary, or joint custody. The court system will help determine what type of physical custody is permitted.
Courts are usually willing to allow any physical custodial arrangement that is agreed upon by both parents. Individual circumstances will dictate what type of custodial arrangement is in the best interest of the child. For example if you try to go for joint custody but allege the other parent is abusive, the courts may consider you put your child at risk. We have helped clients obtain anywhere from sole custody, 50/50 custody, visitation, or anywhere in between. Contact Bahrie Law today so that we can protect your rights.
Legal custody refers to a parent’s right to make decisions in regards to their own child’s health and fitness, education and learning, and welfare. The same degrees exist for legal custody, sole, primary, or joint custody. The courts will establish the legal custody rights for the parents and children.
Courts will usually determine that there should be joint legal custody unless there is a substantial reason not to. One example would be the parents are unable to communicate in an effective manner. If the two parties cannot agree on joint legal custody, the courts will be required to choose one parent or the other.