Naturally, when it comes to nurturing a child, it is the role of the mother. This case is particular when breastfeeding or nursing the child. However, when it comes to the separation of parents, whether married or not, the court of Michigan Detroit does not automatically give custody to the mother. The judge decides without gender preference. As a rule, the court grants custody to the primary caregiver. Usually, the mother gets primary custody because the father is working. Yet, even mothers work nowadays, so the custody is shared or joint in this latter scenario. So, the mother will not automatically get custody from the Court of Michigan, Metro Detroit.
How does the Michigan court decide which parent gets custody of the children?
There are two types of custody that the law upholds. The first one is legal custody, in which parents possess the right to have a say in the major decisions concerning their child. Moreover, this gives the parent the right to visit and to communicate with them. Commonly, parents retain legal custody even after the divorce process. The only way to lose this legal custody is to lose parental rights, or the court decides to grant sole legal custody to one parent, depending on the circumstances present.
The second custody is called physical custody. This kind of custody pertains to who will keep the child in one’s home. The child stays with one parent. However, physical custody is also shared just like the former. This kind of custody is one of the main issues considered in the divorce process. The court will decide in the best interest of the child. The interests of parents are considered only secondary.
Factors that Michigan, Metro Detroit Court Considers in Deciding Who Will Take Custody
The following are the factors that could affect the wellbeing of a child, determined by the court of Michigan. Identifying these factors helps assess the possible custodian, especially in the physical custody.
- The parent can maintain the mutual relationships of love and affection between the other parent and child before the separation
- The chosen parent will continue to provide that love and affection after the conclusion of the divorce.
- The parent can provide basic needs such as food, clothing, shelter, and medical care.
- One can retain and continue a consistent and stable environment the child used to have or has grown up with, including the presence of siblings.
- The court will also do its best to make the child stay in their current home, that is why the court most likely gives the family residence to the custodial parent.
- Parents’ moral situations are also considered. Examples of this are criminal records or a child’s knowledge of an extramarital affair of either parent. The rationale for this is that the parents set moral examples for their children.
- The wellbeing of parents is also assessed, highlighting the mental and physical, but without having discriminatory consideration against certain disabilities.
- The child’s background in education, home, and community is noticed.
- The court will interview the child and his or her preferred parent if the child is old enough to have a reasonable preference.
- The parent is open to the responsibility and willing to facilitate the child’s relationship with the other parent. This reason excludes cases of domestic violence and sexual assault.
- Any history that a parent committed domestic violence.
Lawyers Recommendation about Custody Cases in Michigan, Metro Detroit
The factors presented above are not limited to both parents. The court may give custody to a non-biological parent under different cases. The custodial guardian could be relatives or even a non-relative. It is best to seek professional advice from family law specialists or lawyers near you. Goldman and Associates Law Firm is one of the well-versed family law attorneys that can help you face divorce and custody cases. If you have further questions regarding whether a father or a mother will automatically get custody from the Court of Michigan, Metro Detroit, book an appointment with us!
The factors presented above are not limited to both parents. The court may give custody to a non-biological parent under different cases. The custodial guardian could be relatives or even a non-relative. It is best to seek professional advice from family law specialists or lawyers near you. Goldman and Associates Law Firm is one of the well-versed family law attorneys that can help you face divorce and custody cases. If you have further questions regarding whether a father or a mother will automatically get custody from the Court of Michigan, Metro Detroit, book an appointment with us!