Custody of minor children is among the most fraught issues in Michigan divorce cases. It adds stress to an already challenging set of circumstances for parents and children alike, and because it has such an impact on everyone’s lives going forward, the stakes are high.
In Michigan, child custody, parenting time, and related matters are governed by the Child Custody Act of 1970, which established the legal rights of minor children while also establishing the rights and responsibilities of their parents. The guiding principle of the law is that the child’s best interest should influence decisions regarding child custody.
Some of the key elements in divorce cases that relate to child custody include:
- Sole vs. Joint Custody — Parents may have either sole or joint custody. Sole custody means only one parent has custody of their child, while joint custody means both parents share custody.
- Legal and Physical Custody — Custody arrangements include both legal and physical components. Both types may be sole or joint. Legal custody refers to a parent’s right to make decisions concerning the child’s welfare, while physical custody refers to the child’s living arrangements. In a case where the parents have joint legal and physical custody, they share decision-making regarding the child’s education, healthcare, and other important matters, and the child lives with both parents.
- Parenting Time — Parenting time refers to the time the child spends with each parent. Parenting time doesn’t have to be split 50-50, but when parents have joint custody, the court typically prefers a roughly equal arrangement. Parenting time may be strictly scheduled, or, in cases where the parents have an agreeable relationship, they may work out an arrangement as they go. A child has the right to spend time with both parents unless one parent presents a clear danger.
- Modifications to Custody — Custody arrangements can be modified, although this requires substantial evidence of changes to the child’s circumstances that go beyond the normal fluctuations that happen in life. A typical example of a situation that might warrant a change in custody arrangements is if one parent begins abusing or neglecting the child.
Michigan generally prefers that parents work together to devise an appropriate and agreeable custody arrangement for their child. However, this is not always possible, and in these cases, the court will issue a decision after considering a wide range of factors, including the child’s own preferences, the relationships between the parents and the child, the capacity of each parent, and more.
Child custody is a complex subject, and parents can ensure their own rights are safeguarded by turning to an experienced Michigan family law attorney for help.
Contact a Michigan Family Law Attorney Today
For over 20 years, the attorneys at Berlin Family Law Group have helped families resolve complex issues related to child custody and serve the best interests of their children. Contact us today to arrange a consultation to discuss your situation and learn about the legal options available to your family.
