Even after a divorce, Michigan law urges parents to stay involved in their children’s lives. To begin, courts in some states presume that joint custody is in the child’s best interests from the outset of any custody dispute. However, in Michigan, the law only requires the court to notify both parents of the possibility of joint custody and to seek joint custody if one or both parents desire it.
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Learn more about joint custody in Michigan.
Defining Joint Custody in Michigan
If a parent has joint custody, that parent has the right to make decisions about the child’s everyday life during his or her parenting time. Both parents must have equal access to their minor child’s medical, educational, religious, governmental, and other vital records.
If the child is with one parent and has a serious illness, emergency, or other significant events, the other parent must be notified immediately. The parties must also agree on any vaccinations and medical procedures. The parties will act in a way that is in the best interest of their kids. It is critical to establish a joint custody arrangement to guarantee that both parents spend equal time with their children.
When is Joint Custody a Bad Idea?
All custody disputes revolve around the best interests of the children involved. In most Michigan family courts, joint custody is more or less the norm. If one parent demands joint custody, it is frequently granted unless the other parent can demonstrate that it is not in the child’s best interests. If joint custody is not the best option, you and your attorney must demonstrate the risks of giving custody to your ex-spouse. Below are red flags the court should consider when awarding custody:
- When one parent hasn’t been around or hasn’t been involved in the child’s life
- When a child is less than six months old and nursing or less than one year old and getting most of its nourishment from nursing, it shouldn’t be separated from its mother for long periods
- If the child has a disability that gets worse when their routine changes
- If one parent doesn’t have a stable place for the child to live
- If a parent has a mental condition that makes it hard for them to make good choices
- When a parent’s physical disability prohibits them from caring for their child despite reasonable accommodations
- When parties have trouble agreeing on child-related matters
- When one or both parties have a history of domestic violence
Contact a Michigan Family Law Attorney for Legal Advice Regarding Child Custody
Decisions about child custody must be handled on a case-by-case basis rather than relying on default assumptions. Goldman and Associates‘ Michigan family law attorneys can assist you in evaluating your options and crafting a custody arrangement that represents your needs as well as your child’s best interests. Schedule a consultation with one of our competent lawyers today.