Haque Legal has handled a lot of situations of divorce where there are minor children involved. We must warn you that this part will not be accessible at all. When you have minor children and live in Michigan, there are four issues that you need to settle before you can finalize your divorce.
- Who gets custody of the children?
- Who gets what share of parenting time?
- Who pays child support? (and how much?)
- Which parent can claim the tax credit for the child?
Severe issues surround getting divorced and having minor children, let us ease the pain of this process with a Southfield child custody lawyer on your side.
Who Gets Custody Of The Minor Children
You have watched a lot of films where couples get divorced. At this point, you already know that getting divorced is one of the most bitter subjects that children go through with their parents.
Legally, there are two kinds of custody that the court allows: Legal custody and physical custody. Legal custody refers to when the person has the right to make important decisions about the child’s welfare. These decisions include the education of the child or the school he will go to, the religious practices that the whole will follow, and the medical decisions that need to be done, should the need arise.
On the other hand, there is physical custody that refers to whom the children will live with.
Generally, custody can refer to a single parent or both of the parents – this is called sole custody and joint custody. Sole custody refers to when only one parent has custody over the children. On the other hand, joint custody refers to when the parents share custody of the kids. In layman’s terms, this is called co-parenting.
It is often up to the judge to determine the custody of the children once the divorce proceedings are underway. Different circumstances could lead to other decisions for the child.
If both of the parents have legal custody, they will have the right to weigh in on important decisions about the child. However, this is not always the case. In a divorce, the couple would often not eye to eye on findings, which is probably why the marriage did not work. If such is the case, the judge will have no choice but to weigh in on the situation and choose only one parent to have legal custody on his own.
If the parents have joint physical custody, the children will live with each parent on a schedule. The judge considers this, and the court determines a program.
How Is Parenting Time Determined?
Child custody is often the primary concern of the courts in case of a divorce. Who gets the child? Who gets to decide the needs of the child? Who will serve the best interests of the child? These are all questions asked by the judge to help determine who can get custody of the minor children.
Once physical custody has been settled and the parties have accepted the court’s decision, the parenting time is established. In Michigan, parenting time is a term used to refer to the time spent by the child with each parent.
If the parents and the judge agree that there should be sole physical custody of the child, the next thing that the court determines is how much parenting time is given to the other parent. This is called reasonable parenting time and is often based on a schedule that the court has granted.
Who Pays Child Support?
Child support is another very tricky part of a divorce. Generally, both parents are required to give their share of the child support calculated based on many factors. Child support is calculated using a specific formula if you get divorced in Michigan. The procedure is dependent on many factors that are determined based on the law.
Generally, the parent who makes the most income pays more in child support.
Who Gets Tax Credit For The Child?
A child Tax credit is a tax deduction granted by law to the parent for the money he has spent on raising the child. Who gets to use the child tax credit? It depends.
Generally, the parent who has custody of the child would get the tax credit for the child. However, when the parents share custody with the child, the parent spends the most time with the child. In case of a tie, the Internal Revenue Service is mandated by law to apply some tie-breaker rules which are discretionary on their part.
Let Haque Legal Help You With Your Spousal Support
Now that you know some facts about spousal support, it is time to get down to it. If you require a lawyer who can assist you with ensuring that you get spousal support in Michigan, it is essential to know that you also have a team that can help you with your specific needs. Our law firm is dedicated to ensuring that the law will protect those who are innocent 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 are looking to file a divorce matter, call one of our Southfield family law attorneys. We understand the importance of handling your matter with empathy and compassion. We offer free consultations and will work with you to start a new chapter in your life.