Mental health is a topic that used to be discussed only within the courts. However, times are really changing and it is now public knowledge that mental health can affect a child custody case in Michigan.
With that, let us look at the mental health issues and factors that affect child custody in Michigan.
Generally, child custody is already discussed by the judge upon a divorce proceeding. Let us answer a common question on domestic violence and divorce.
How does the imputation of domestic violence affect a divorce?
Domestic violence is very serious. Other than its effects on the individual who has been accused and convicted of domestic violence it also affects many issues in the divorce the division of the property, the division of the parenting time, and the cost of the children.
The spouse who has been convicted of domestic violence would often have a protection order filed against him by the victim’s spouse. This affects the whole dynamics of their relationship and the different aspects of the divorce.
Domestic violence impacts custody and parenting time decisions negatively against the parent who has been convicted of it. Even if the spouse was not violent towards the children or if the children were not a witness to any of the violence that occurred at the time of the marriage it is still important that the charge or the existence of domestic violence be considered in the determination of custody and parenting time.
A spouse who had been convicted of domestic violence may still get some form of custody and may still have some parenting time awarded to them. This is because we always go back to the concept of the best interest of the child to determine the custody and parenting time. As long as the child is bonded with the other spouse, then he may be granted some parenting time.
What if I do not want to see my spouse who has been abusive to me?
Most of the time the judge will determine the safe way for you to exchange physical custody of the child. At the beginning of the divorce and when things are still being tried and tested by the court, the parenting time of the guilty spouse would often be in the presence of a domestic helper or caseworker. In this case, you will only have to deal with the caseworker and not your abusive spouse.
What if I do not follow the order of the judge?
The order of the judge is final and even if you apply for a modification of the order you still need to follow the order of the judge. If you can’t face your abusive ex-spouse because of the trauma there are other ways that you can exchange the physical custody of a child or give him his parenting time.
Let Haque Legal Help You With Your Divorce
Now that you know some facts about dealing with divorce and domestic violence, it is time to get down to it. If you require a lawyer who can assist you with ensuring that you protect your rights to your property and against your abuser, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out
If you need a lawyer to help you during your divorce proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.