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3 questions about child custody

If you’re in the process of getting a divorce and you and your ex have children together, you may feel concerned about what will happen to them.

Here are a few answers to three common asked child custody questions for those entering a divorce.

Who will decide the custody dispute? 

In most cases, you and your soon-to-be ex will reach an out of court agreement to determine your child custody arrangements. Spouses usually see the wisdom in reaching a peaceful settlement agreement on this topic because (1) an out-of-court settlement will save you a great deal of money, (2) it will be faster and less time-consuming and (3) it will help support peaceful relations between you and your ex.

How do judges decide child custody cases?

If your case is one of the less-common child custody matters that need to go to trial, a family court judge will make the ultimate decision on your child custody arrangements. In these situations, the judge will make a decision that supports the best interests of the child or children involved.

Usually, the court will side with the parent deemed to be the primary caretaker, as the court will see this to be in the best interest of the children. This is the parent who carries out the majority of the childcare tasks and responsibilities. The court will probably try to ensure that the primary caretaker maintains his or her status.

Could a non-parent obtain custody of a child?

Depending on the circumstances of the parents and the child, non-parent family members might seek to obtain custody of the children. Grandparents, uncles, aunts and close family members, for example, may seek out legal custody of the child. If the parents are unfit to serve as caretakers for a variety of reasons, these family members might succeed in their quest for custody.

Do you have questions about child custody in Michigan?

If you have questions about child custody in Michigan, you might want to investigate your situation in the context of Michigan family laws. By learning more about prior case law and legal statutes that apply to your family’s circumstances, you can evaluate where you stand in terms of any child custody questions you might have.