Vital statistics from Michigan show that in 2022, there were fifteen thousand divorces involving children. A significant number of that data involves joint custody arrangements. The data suggest that a lot of custody cases are settled as joint custody. Michigan Department of Health & Human Services or MDHHS will tell you that joint custody is becoming relatively common. On rough terms, we’re talking about partial custody. In this custody arrangement, you cannot make big decisions alone. Now this can become contentious for some parents. The judge will end up resolving the issue of custody in this case.
Click here to watch the video on Can I Make Medical and Educational Decisions with Partial Custody
Parents are supposed to love their children. Fight for them. The challenges of divorce can be hard for all. Pain and fear can cloud our judgment. Despite these challenges, choices still need to be made. Children grow. Life moves on. Choices for children are better if you collaborate. If you cannot work together, you will end up in court. The process that decides the outcome will be out of your control. You will have to follow the rules that come from a judge’s decision. You can’t leave your children’s future at someone’s legal discretion.
Partial Custody, How Does It Affect Decision-Making?
In Michigan, this is how partial custody works. One parent has the child for part of the time. The other parent has the child for the rest. This is also called joint physical custody. Partial custody can make decision-making harder. Here are some insights to understand partial custody better:
- Legal vs. Physical Custody. Legal custody gives a parent the right to make big choices. These include school, medical care, and religion. If both parents share legal custody, they must agree. Physical custody decides where the child lives. The parent with physical custody takes care of daily routines. If legal custody is shared, both parents must agree on big choices.
- Medical Decisions. A parent with partial custody cannot make big medical choices alone. Legal custody is shared. Both parents must agree. It covers matters like surgeries, vaccines, and medical treatments.
- Educational Decisions. School choices need both parents to agree. One parent cannot decide alone. This includes picking a school, special education, and activities.
- Court Help. Parents may not always agree. If they cannot decide, they may need to go to court. A judge will end up deciding what is best for the child.
- Everyday Decisions. The parent the child lives with most makes small daily choices. These include meals, bedtime, and clothing. The other parent does not have to agree on these.
- Working Together. Good co-parenting means talking and listening. Parents should work as a team. This helps them make choices that help the child.
- Custody Agreements. Custody agreements explain each parent’s rights. They set rules for making choices. Following them helps avoid fights.
Shared legal custody means parents must work together. They must agree on big choices. If they cannot, a judge may need to help. When that happens, parents will have very little control over the rules of the game we call parenting.
Can I Make Medical Decisions for My Child With Partial Custody?
A parent with shared legal custody cannot decide alone. Both parents must talk about medical choices. If they do not agree, a judge will decide. With partial custody, you can make medical decisions for your child. It will depend on whether you have legal custody or physical custody:
- Legal Custody. If you and the other parent share legal custody, you must agree on big medical decisions. You cannot decide alone without their input.
- Physical Custody. If you have physical custody but not legal custody, you can handle daily choices. But big medical decisions still need agreement from both parents.
- Big Medical Decisions. Some medical choices need both parents to agree. Some choices will be about surgeries, treatments, and vaccines. One parent cannot decide alone if legal custody is shared.
- Emergencies. If a child needs urgent care, the parent with them may have to decide fast. Doctors will treat the child if it is serious, even without the other parent’s approval.
- When Parents Disagree. Sometimes parents do not agree on medical care. If this happens, they might need to go to court. A judge will then decide what is best for the child.
Custody papers explain what each parent can do. Some parents may have permission to make certain medical choices alone. It is important to check the agreement. If parents still cannot agree, they may need a judge to decide.
What Happens With Disagreements About Medical or Educational Decisions?
A lot of parents share custody in Michigan. A child’s health or education can force tough decisions. Both parents want what is best. They may not always agree. Know how to handle these disagreements. You can help make things easier for everyone, especially the child.
Try to Talk It Out. The best first step is to talk. Good communication helps. It can be done with calm and with respect for each other. Parents tend to make better choices for their children.
- You may have different perspectives. Listen to each other’s thoughts.
- You have a good reason to talk. Your child. What is best for the child?
- Look at different options together.
Seek Mediation. Talking might not work. A mediator can help. A neutral person who helps parents find a solution.
- Helps parents understand each other.
- Keeps the focus on the child’s needs.
- Tries to reach an agreement without court.
Go to Court. Parents may still not agree. A judge may need to decide.
- Even when all factors are taken in, the decision will still lean on what’s best for the child.
- The child’s health, safety, and stability will be on the agenda.
- It takes time and may be stressful. Going to court does that. You have less control of outcomes.
Why Parents Disagree. Parents might not see eye to eye. In each other’s mind, they have a monumental reason for disagreeing. Their reasons can be different.
- Different Values: One parent may focus on grades. The other cares more about social skills.
- Personal Experiences: Parents may have different backgrounds that shape their views.
- Emotional Reactions: Old arguments can make it harder to agree.
- Communication Issues: Communication can break down. You can’t come across with clarity. You are often misunderstood. That can cause conflict.
Making decisions is not always easy. More so if you can’t even look at each other. Attend to your child’s needs first. It’s supposed to help parents work through disagreements. It takes patience and teamwork. Finding a way to agree can make a big difference in a child’s life.
Is Court the Only Option for Resolving Conflict?
Parents can try talking. They can get help from a lawyer. They can also use a mediator. Courts want parents to agree on their own. Parents may not agree on important matters about their child. It happens. Too often in fact. They may wonder if going to court is the only way to solve the problem. While a Michigan court can help, there are other ways to work through disagreements. Finding a solution outside of court can save time, stress, and money.
Try to Work It Out Together. Talking things through is the first step. Parents can sometimes find a solution by keeping the focus on their child.
- Stay calm and listen to each other.
- What is best for the child should be the agenda.
- Be open to different ideas.
Use Mediation. A mediator is an option if talking fails. A mediator is a trained professional who helps parents agree.
- Helps parents talk without arguing.
- Finds common ground.
- Keep the child’s best interests in mind.
Consider Parenting Coordination. A parenting coordinator is a professional. When parents struggle, this is the person you call.
- Works with parents to find solutions.
- Focuses on making co-parenting easier.
- Can be a long-term resource for solving conflicts.
Go to Court as a Last Resort. If nothing else works, a judge may need to decide. Court should be the last option because it can be stressful and take time.
- The judge will decide what is best for the child.
- The court will look at the child’s well-being.
- The process can take months and may be costly.
Parents do not always have to go to court to solve conflicts. Talking, working with a mediator, or using a parenting coordinator can help. Finding a way to agree outside of court can make things easier for everyone, especially the child.
What Are the Legal Consequences of Decisions Made Alone?
A parent cannot make a big decision alone. The court may cancel the decision. The parent may also get in trouble. Making big decisions alone in a custody situation can lead to trouble. Many parents share legal custody in Michigan. Both need to agree on important choices. That’s the ideal way to do it. One parent might act without the other’s approval. That’s where big problems start.
Breaking Custody Rules. You have custody agreements. It explains what each parent can and cannot do. Parents can break them and some will. Ignoring these rules can cause issues.
- The other parent might take the matter to court.
- A judge could say the decision is not valid.
- The court might change custody. It may be if one parent keeps ignoring the rules.
Possible Legal Trouble. The court can step in. It can happen if a parent makes major decisions without permission.
- The co-parent may end up explaining their actions in court.
- A judge might give a warning. It can impose a punishment.
- If this happens a lot, the court may take away some decision-making rights.
Problems for the Child and Parents. Making big choices alone can hurt the child and make parenting harder.
- The other parent may feel left out and upset.
- The child may feel stuck. They might feel emotionally trapped between both parents.
- Parents may stop trusting each other. A loss of trust makes teamwork harder.
What the Other Parent Can Do. A parent can keep making choices alone. This may force the other parent to take legal steps.
- They may ask the court to step in.
- A judge could change the arrangement. An order can change who makes decisions.
- The court might punish the parent. Admonish the parent who keeps breaking the rules.
Parents need to follow custody agreements. They need to avoid problems. Work together. Help keep things fair.
How Can a Court Decide on Medical and Educational Conflicts?
A judge will look at what helps the child the most. They will consider the child’s health, school, and parents’ ideas. Parents with shared custody in Michigan might not agree. Fight over medical or educational choices for their child. Some talk it out. Some may fight it more fiercely. The court may need to step in. Judges will always double back to what is best for the child. Here’s how the determination process works.
Looking at the Child’s Best Interests. The court will focus on what helps the child the most.
- The child’s health, safety, and happiness matter most.
- The judge will consider how each decision affects the child’s future.
- Stability in the child’s life is an important factor.
Hearing Both Parents’ Opinions. Each parent gets a chance to explain their side.
- The judge listens to why each parent wants a certain decision.
- Parents can show proof, like medical advice or school reports.
- If the child is old enough, the judge may ask for their thoughts.
Considering Expert Opinions. Judges may ask experts for advice before making a choice.
- Doctors may give medical advice.
- Teachers or school officials may explain the child’s educational needs.
- Counselors may share insights about the child’s well-being.
Making the Final Decision. The judge makes the final call for what is best for the child.
- The ruling may allow one parent to make the decision.
- The court may set new rules to help parents work together.
- If a parent ignores the decision, they could face legal consequences.
Parents who cannot agree on big decisions may have to go to court. Judges aim to make choices that support the child’s health, education, and future. Working together outside of court is usually the best option. But when that’s not possible, the court steps in to help.
I Want Sole Legal Custody, What Do I Do?
As a parent, you want to matter in your child’s life. You’ll do it for love. You want sole legal custody. It means you want to make big decisions for your child. You prefer to make them without the other parent’s input. Courts in Michigan don’t grant this easily. What is best for the child matters to them. A parent must ask the court. File a motion for full legal custody. They must show why making choices alone helps the child. The judge will decide. Understand this should you pursue legal custody:
Understand What Sole Legal Custody Means. You have full control over major choices.
- The parent decides on major things. You make choices in medical care, schooling, and religious upbringing.
- The other parent does not have a say in these big decisions.
- The court must agree that this setup is best for the child.
Prove It’s Best for the Child. The judge will only allow sole legal custody if it helps the child.
- Show that the other parent cannot or should not make decisions.
- Past behavior, like neglect or abuse, can be subject to queries.
- The co-parent may refuse to cooperate. That could be a compelling factor.
Gather Strong Evidence. You need proof. You have to support your request.
- Keep records of missed visits, harmful actions, or poor decisions by the other parent.
- Provide a safe and stable home.
- Get statements from teachers and doctors. Ask for help from counselors if needed.
File a Petition in Court. This is the part where you ask the court for sole legal custody.
- A lawyer can help you complete and submit the forms.
- The court may require mediation before making a ruling.
- A judge will review your case and decide what is best for the child.
Go to Court. A final rule will be made by the judge.
- Explain and convince the court why you want sole legal custody.
- Share your proof. Stay focused on your child’s needs.
Follow the Rules. The court might give instructions through a ruling.
- Listen to what the judge says. Do what is asked.
- Keep showing that you can give your child a good life.
Try to Work It Out. Sometimes, parents can agree before going to court.
- Mediation can help you find a solution.
- Some judges ask parents to try this first.
Stay Patient. The process can take time.
- Keep doing what’s best for your child.
- Show you care.
- Show you are a responsible parent they expect you to be.
Sole legal custody is a big responsibility. You believe it’s right for your child. You need to be prepared. Stay focused on what’s best for them. Getting sole legal custody is not easy. The court wants both parents involved when possible. You believe it’s necessary. Be ready to show why. A strong case can help you protect your child’s well-being.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.
At Goldman & Associates Law Firm there’s always a sympathetic ear ready to listen.
Schedule your complimentary case evaluation with our leading attorneys.
(248) 590-6600 CALL/TEXT if you need legal assistance.