Child custody cases are some of the most heart-wrenching cases that the courts have to decide. Essentially, if the court is involved, the court is going to tell one parent that the child would be better of with them overall. Even though there are a number of different types of custody arrangements that the courts can look at, such as joint legal custody, sole legal custody, etc., the reality of the situation is that one parenting time will ultimately impact one parent more adversely than the other, which is what makes child custody decisions so difficult.
In some cases, the biological parent does not even get the opportunity to play a role in the child’s life. An appeals court in Michigan didn’t recognize a biological father’s paternal rights to his child. The situation that led to this decision was based on the fact that the woman was married at the time she gave birth to a child as a result of an extra-marital affair.
Because the actual father of the child knew that the woman was married during the affair, coupled with the fact that Michigan holds the father as the parent, the court was not compelled to give any type of parental authority to the biological father. Although, the court does not discourage the father having a relationship with the child, there is no authority under the law on the part of the biological father.
The courts play a heavy hand in child custody because it is imperative that the child is provided for emotionally, spiritually, physically, financially and the like. There are instances where the parties involved can come to an agreement about child custody without court intervention. However, many times, the courts find themselves in the middle of these types of situations.
Normally in divorce cases, child custody is one of the main issues that require a resolution.
Source: CBS Detroit, “Man Denied Right To Child Born Of Affair,” Sept. 20, 2013