No matter if you are married or not, the majority of parents care and love their children very much. The importance of your children’s safety and well being is probably your number one priority. That is why being informed about child custody in Michigan is important to learn about, so that if you are ever in the situation where you separate with your partner you can take the right steps to have custody of your child. If you need assistance with child custody in The State of Michigan this is the place to be, read more below to learn everything you need to know about custody in Michigan.
What is Custody? 
There are two types of custody in Michigan, The first is legal custody and the other is physical custody. Legal custody is when a parent is chosen to make important decisions for the child which includes school choice, health care, licenses, and other important factors that will directly impact the child’s life. Physical custody is the right to have possession and control over the child. In other words, physical custody is who the child lives with the majority of the time. When you move locations so does the child, this is usually given to one parent but can be given to both parents. Physical custody is the main type of custody that parents fight for in a divorce. With custody of your child you can make day to day decisions without consulting with the other party. The only time you would have to speak to the other party is when there are major decisions to be made that would impact the child’s life.
How Does the Court Decide Custody
When the court is deciding custody and parenting time they will be looking at the best interest for the child and which parent will be the best fit to be the primary caregiver. In most standard divorces, when parents want custody the court will equally divide physical, legal, or both custody of the child. In a situation where a parent is unfit to take care of the child the court will immediately give sole custody to the other parent, and in the instance where both parents are unfit the court will decide the best possible choice for the child whatever that is guardianship, adoption or another option.
Parenting Time
The process of parenting time occurs after one or the other parent receives sole custody of the child. Custody and parenting time are very different, when a parent has custody they are the main caregiver of the child. Parenting time is when the other parent is allowed to see the child on weekends and holidays. After custody is given the other parent has full rights for legal visitation or parenting time. This right cannot be denied because of unpaid child support or other reasons. Outright denial of parenting time rarely happens in most cases, unless there is a severe problem that might put the child’s well being at risk. The court considers the following factors when deciding how long, how often, and under what circumstances the parenting time will take place:
- The special needs and circumstances of the child/children (the first priority of the custody issue)
- Whether the child is an infant (less than 1) and or nursing (makes the mother a more suitable custodial parent).
- The probability of abuse or neglect during the visit (weighs against the abusive parent)
- The likelihood of abuse or neglect as a result of the visit (same as above)
- How traveling will impact the wellbeing of the child (if both parents live very far apart, the court might disfavor a joint custody arrangement)
- Whether or not the visiting parent is reasonably likely to be able to exercise parenting time in compliance with the court order (The court will not set up an arrangement if it does not think it will succeed. The last thing the court wants to do is create ongoing examples of rule breaking by their parents
- How frequently (if at all) the parent has missed parenting time (Makes a more favorable arrangement less likely for the deficient parent)
- The danger of one parent concealing or hiding the child from the other parent (the court will not abet kidnapping)
- Any other factor relevant to the child’s wellbeing
When the parents can come to an agreement on what the parenting time schedule should be, a judge will likely sign off on it every time. Judges understand that it is always going to be in everyone’s best interests, not just the parents, if both parents can agree on a schedule on their own. It makes far more sense for the parties to compromise than for a stranger to make a decision that will have a major impact on all their lives.
Best Interest
The court will base parenting time on the best interests of the child. The friend of the court in many jurisdictions provide recommended parenting time schedules on their websites, so it may be beneficial to check that information with the other party to get a good grasp on what reasonable parenting time usually looks like.
Parenting time schedules usually provide that the noncustodial parent gets their children for overnight stays at least twice a month, and children are usually with each parent on every other holiday. When the parents live far away from one another, parenting time schedules need to be creative to afford reasonable parenting time to the non-custodial parent. Here is a list of what is considered the best interest of the child in The State of Michigan:
- 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 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 a n 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
What is Joint Legal Custody?
Joint legal custody is when both parents share equal responsibility and authority over the child. This allows both parents to still raise their children while being divorced. The court will look at the fitness of either parents, the agreement of both parents, and the best interest of the child and will decide if it will be beneficial for everyone involved. When deciding custody the court will look at 12 factors to see what is in the best interest for the child. Joint legal custody allows both parents to be a part of their child’s life, it is beneficial for the child’s well being and upbringing. Joint legal custody can be achieved by working with the other party to come to a fair and equal decision on how much time both parents will spend with the child.
Can I Modify the Parenting Time Arrangement?
The court will only modify parenting time if the person seeking the modification can prove with “clear and convincing” evidence that the change is in the best interest of the child. Your attorney should be able to explain to you what that standard entails. The parent seeking modification must also show a “change in circumstances”. The court insists on a change in circumstances before changing the custody arrangement because it considers consistency and stability to be among the core elements of a child’s best interest. There is always an option to modify both parenting time and custody in Michigan. Don’t think just because of your gender or other factors in your life that you can’t get more time with your child. You have rights to see your children and this can be done with the proper attorney.
Impact of Domestic Violence In a Child Custody Case
The Child Custody Act requires the court to consider domestic violence when determining custody and parenting time. The presence of domestic violence is one of the 12 Best Interest of the Child factors that the court must consider before granting any type of custody determination. The effects of domestic violence can influence multiple factors of the 12 Best Interest of the Child test, and must be demonstrated through documentary evidence and testimony, sometimes expert testimony. A few factors that judges in Michigan consider when determining child custody may be if either parent has been physically or mentally abusive or if there has been a history of criminal records.
In a determination of joint custody, the court weighs whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child. If the situation contains domestic violence or abuse, with all of the acts of intimidation and unequal power by the abuser, there cannot be a true agreement between the parents. The court may find, because of this, that joint custody is not in the best interest of the child.
Child Custody for Unmarried Parents in Michigan
When talking about custody for an unmarried couple the general rule of thumb is that the mother of the child gets full custody of the child. Because there was never a marriage and no divorce is in play there’s only so much that can be done. In most cases the court will give full custody to the mother of the child but that is not always the case in some situations. Most people think because they are the father they cannot get custody of the child, this is incorrect. The court does not only look at gender but rather the best interest for the child, if the father is a better fit to parent then he can file a case to the court and get sole custody. A father can also file for both joint custody or shared custody in Michigan. The best option for both the couple and the child is to come to an agreement so that both parents can have equal time with the child. If this cannot be accomplished, contact a lawyer so you can start the process of getting custody.
How Does the Court Enforce Court Order?
When a court order is created for custody or parenting time, it is officially set in place and is recognized by The State of Michigan. The court takes these matters seriously, if your Ex continues to not follow the rules set in place then immediately go to court and file the motion and prove the other party is denying you the child. Divorce is hard enough for a child without their parents breaking the rules, arguing in front of them, or even outright kidnapping them. When custody orders are violated, the court may bring contempt proceedings or habeas corpus proceedings.
Contempt proceedings are the most common enforcement tool. It typically involves the custodial parent bringing a contempt case against the other spouse. If they succeed, they could be awarded full custody, reduce the other parent’s visitation rights, impose supervision on future parenting time, or even expose the other parent to criminal charges (criminal contempt). A habeas corpus proceeding is only used to restore immediate custody to the custodial parent or guardian in the event of a wrongful taking or detention by another person. It cannot be used to impose any of the other consequences associated with civil or criminal contempt. Furthermore, under Michigan law, the court is not required to grant a writ of habeas corpus if the one who took the child was also a legal parent or guardian. When you file a motion for habeas corpus, explain who you are, who your child is, and your grounds for concluding that the child was wrongfully taken. If things ever get out of hand do not hesitate to call the police, again you have rights when it comes to custody and parenting time.
Conclusion
Being there for your children as they grow up is important, no matter what situation you are in there are always options for you to be a part of your child’s life. Divorces can get complicated and messy, it may be even harder for the child when the two people that they care about the most separate. Being informed about child custody and parenting time is important to assist you in the long run so you can have a solid relationship with your child. A key factor to remember is that when the court is deciding custody and roles they will be looking at the best interest for the child, and what will be the best option for the child’s wellbeing.
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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