Many factors determine who has legal custody of a child after a divorce proceeding. However, an individual may lose custody of their child if the court finds them unfit to care for them or a situation that requires their removal has occurred. At Van Den Heuvel Law Office, we’re here to help you understand what contributes to individuals losing custody of their child and how our services can help during this time.
There are varying reasons why a person may lose custody of their children. Here are some issues that might cause the loss of custody:
If it is found that an individual is being abusive towards their child, consequences will ensue for them. Michigan defines child abuse as harming or threatening a child’s health or welfare. Examples of harmful behavior can be physical, psychological, or sexual abuse. The court will always advocate for the child’s best interests, and any form of abuse is deemed as going against this policy. Child abuse will not only lead to an individual losing custody of a child, but it could lead to even further punishments, including jail time and hefty fines. In addition, those found to be sexually abusive towards a child will be registered as sex offenders.
When child custody is established in court, legal documentation is created that outlines the responsibility of the individual in custody and what will occur if they violate their responsibilities. In certain scenarios where an individual consistently disregards their court orders, they may lose custody of their child. For example, spouses must establish a plan during divorce proceedings that outlines who will decide for the child and how these decisions should happen. If a parent makes an important decision for the child, such as relocating them or making a drastic medical change, they would be in violation of their divorce agreement if they failed to notify the other parent. Failure to abide by court orders can result in the loss of custody of a child and further consequences depending on the severity of the refusal.
In some scenarios, an individual will lie in court about information regarding the child’s well-being. For example, a parent may make false allegations about their former spouse after divorce proceedings to gain custody rights. If a parent falsely reports that the other parent has been abusive or neglectful toward their child, it can result in serious consequences and the loss of custody rights. Individuals should always be honest in the court of law to avoid creating additional issues.
An attorney can help you understand the steps necessary after losing custody of your child. There are ways to regain custody in certain situations. A trusted attorney can help file paperwork and explain your rights throughout the legal proceedings.
Contact our team today if you have questions about child custody in Michigan. We look forward to hearing from you soon.
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