There are actually two types of custody that a parent has under the law. The first is legal custody, which is the right of every parent to make major decisions in their child’s life and to be able to visit and have contact with them. Both parents generally retain legal custody even after the divorce is concluded. Usually, the only way you lose it is if you lose your parental rights or the courts make a rare decision to grant sole legal custody to the other parent. The other form of custody is physical custody.
Physical custody is where you actually keep the child in your home, under your roof. The child lives with you. When you change houses, so does the child. This form of custody is usually only given to one of the parents but can sometimes be shared between both. This is the form of custody that ex-spouses sometimes dispute over during a divorce case. In this blog we will be going over how the court decides who gets custody.
Best Interest of the Child
The core rule the court uses when determining custody is the best interest of the child. The interests of the parents themselves are strictly secondary. The court will consider any factor which affects the child’s wellbeing. The court will look at 12 factors of the child’s well-being and from there decide who will get custody. Here are the 12 factors that judges will consider when choosing custody.
- Maintaining the relationships of love and affection shared between parent and child. (Courts assume such relationships are highly beneficial to children)
- The capability of the parents to provide that love and affection
- The ability of the parent to provide necessities such as food, clothing, shelter, and medical care (obvious factor in a child’s well-being)
- Maintaining and continuing the stable environment the child has grown up with (including living with siblings)(family courts firmly believe that children need consistency and stability)
- The court will try its best to keep the child in their current home. This is why the court almost always gives the family residence to the custodial parent
- The moral fitness of either parent (including criminal records or the child knowing that one of the parents had an extramarital affair) (parents set a moral example for their children to follow)
- The mental and physical wellbeing of the parents (without discriminating against certain disabilities)
- The child’s school, home, and community records
- Child’s reasonable preference: if the child is old enough, then the court will conduct an in-person interview, and any reasonable preference will be taken into consideration
- The willingness of either parent to facilitate the child’s relationship with the other parent ( Actions taken to shield a child from domestic violence or sexual assault may not be counted against this factor)
- Any history of domestic violence
Conclusion
The family court will typically look at which parent spends more time with the children. It will also look at responsibilities such as, buying clothes, buying groceries and preparing meals, ensuring proper healthcare, facilitating social activities, and participating in extracurricular activities and other things. Child custody is a very serious topic and is something that needs to be handled with diligence and results. Goldman and Associates is here to provide you with all the legal services you need.
If you have any questions regarding Child Custody or Parenting Time in Michigan contact Goldman and Associates today for a free phone consultation. Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on custody in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about custody in Michigan.
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