Every parent wants to maintain a close relationship with their children and fully involve themselves in their children’s lives and upbringing.
Unfortunately, when parents separate or divorce, matters of custody and decision-making can quickly become points of contention.
If you and your ex are having trouble resolving such disputes, it might be time to seek help from a compassionate, caring child custody lawyer in Elk Rapids, Michigan.
More Than 100 Years Combined Legal Experience
The Elk Rapids child custody attorneys at Alward Fisher have the experience, knowledge, and resources to help you identify and pursue strategic solutions to even the toughest child custody matters.
Our attorneys have been practicing family law for more than 100 years combined, and we are dedicated to delivering our professional representation with a personal touch.
Whether you need to establish, modify, or enforce an existing custody arrangement, we are here to help.
Contact Alward Fisher for an initial case review with a child custody lawyer in Elk Rapids, and let’s discuss your concerns in detail.
Michigan Child Custody Laws
Michigan child custody laws govern how courts resolve disputes between separated or divorced parents.
Today’s child custody laws in Michigan favor involving both parents in their child’s life to the maximum extent possible. As a result, courts prefer to establish joint custody arrangements, which allow both parents to exercise parenting authority and foster a close relationship with their child.
Furthermore, today’s child custody laws take a gender-neutral approach. Courts may not favor one parent over the other based on a parent’s gender or decide custody disputes based on a parent’s or child’s gender.
Instead, courts must focus on whether a proposed custody arrangement serves a child’s best interests.
Types of Child Custody in Michigan
In Michigan, child custody comes in two forms: physical and legal.
Physical Custody
Refers to a parent’s right to control their child’s physical location and to have the child reside with them. Parents typically exercise physical custody when they spend overnights with their children.
Legal Custody
Refers to the parent’s right to make decisions on various aspects of the child’s upbringing, such as education, healthcare, or religious instruction.
Courts may issue sole or joint custody awards for physical and legal custody.
Joint Custody Arrangement
A joint custody arrangement requires parents to share legal or physical custody. However, in a joint physical custody arrangement, the court may designate the parent who has custody for a majority of overnights as the parent of primary residence for school enrollment or taxation purposes.
Joint legal custody requires the parents to confer and agree upon child-raising decisions like medical treatment or where to send the child to school.
Sole Custody Arrangement
In a sole custody arrangement, only one parent has physical or legal custody of the child. However, the non-custodial parent may have the right to exercise limited supervised or unsupervised visitation with the child.
Child Custody Disputes and Mediation in Elk Rapids
Common Challenges in Custody and Parenting Arrangement
Separation and divorce can be stressful, and it’s not uncommon for parents going through these life changes to disagree about fundamental aspects of their child’s upbringing and their involvement in it.
Moreover, as a family’s needs and circumstances change over time, existing custody arrangements may no longer work.
These situations can lead to disputes between parents over custody arrangements or parenting schedules, which might be difficult for them to resolve on their own.
Options for Resolving Custody Conflicts
Fortunately, parents who need help resolving their disagreements have options other than letting the court decide the issue. In fact, in many cases, it’s possible for parents to come to a mutually agreeable solution with the help of parenting coordinators.
These professionals can help resolve parenting schedule issues and get parents to communicate with one another about their child’s upbringing. Alternatively, parents may pursue mediation, which can help them negotiate a settlement to resolve a custody dispute.
How Can Our Lawyers Help?
If you and your ex are having disagreements over custody rights, the Elk Rapids child custody lawyers at Alward Fisher can help you pursue a favorable resolution by:
- Reviewing the facts of your case to determine your legal rights and options
- Explaining your options to you and preparing you for what to expect during the child custody process
- Helping you understand the complexities of the legal system and providing you with tailored legal counsel to help you make informed decisions
- Discussing options for resolving your child custody dispute, such as retaining a parenting coordinator or pursuing mediation
- Advocating for your and your children’s rights in court if the dispute requires litigation to resolve
Protecting the Best Interests of the Child
When parents call upon courts to resolve child custody disputes, those courts must decide the case based on the best interests of the child, as established by Michigan law.
The factors a court will weigh when making its decision include the following:
- The existing relationship between the parents and the child
- The ability and willingness of each parent to provide love, affection, and guidance and to continue the child’s educational and religious or moral development
- The ability and willingness of each parent to provide the child with food, clothing, medical care, and other material needs
- The length of time the child has lived in a stable, satisfactory environment and the desirability of keeping the child in that environment
- The permanence of the family unit in the existing or proposed custodial home(s)
- The moral fitness of each parent
- The physical and mental health of each parent
- The child’s home, school, and community ties
- The ability and willingness of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and their other parent
- The family’s history of domestic violence
- The child’s preferences, if the court finds the child mature enough to express a reasoned preference
Contact Our Elk Rapids Child Custody Lawyers Today
If you have a child custody or child support matter that needs resolving in Elk Rapids, get the legal help you need to protect your rights and your relationship with your child.
Contact Alward Fisher today for a confidential consultation with our experienced, compassionate child custody attorneys to discuss your options and rights under Michigan child custody laws.
