Factors that Can Affect Child Custody in Michigan

Michigan law requires courts to make child custody decisions based on the child’s best interests. But there are many issues judges consider when making custody rulings. Understanding what these issues are and how they are weighed are things an experienced child custody attorney can help with.

The Michigan child custody lawyers at Alward Fisher have helped many parents involved in custody disputes. While every custody case is different, a few common factors can significantly impact the outcome. Contact us today for more information on these factors, how they can affect your case, and how working with an attorney can help.

Does a Felony Affect Child Custody?

If there is a felony conviction on your criminal record, winning custody of your child could be challenging. The courts want children to grow up in a safe environment. Unfortunately, having a felony on your record may raise doubts about how well you can protect your child. You can expect the child’s other parent to bring up the felony during custody proceedings as permitted by the Michigan Rules of Evidence.

The impact a felony conviction has on your case depends on several things. Violent crimes, drug and alcohol convictions, and domestic violence offenses may derail your case. However, other felonies are not as significant. How long it has been since your conviction also impacts your case. A felony from 10 or 20 years ago is less problematic than a more recent conviction. A child custody lawyer can help mitigate the potential effect of a felony on your case.

Does Having a DUI Affect Child Custody?

Having a DUI on your record can also present significant challenges in custody proceedings. Drunk driving puts the impaired driver and anyone in their vicinity in danger, which may include a child in the car. The child’s other parent will likely argue that a DUI conviction shows you cannot be trusted with the child.

A DUI on your record is not always a dealbreaker, though. If you received your DUI long ago and can show you are now a safe driver, you can reduce the DUI’s effect on your case. With a child custody attorney, you can develop a strategy to minimize how a DUI impacts your case.

Can a Restraining Order Affect Child Custody?

Any domestic violence issues in your past, including any related restraining orders against you, are bad news in a child custody dispute. The courts will be reluctant to grant you custody if they believe you might injure the child. The child’s other parent will likely use the restraining order to support their case for full custody. In addition to losing custody, you could lose visitation rights because of a restraining order.

Overcoming the effect of a restraining order is possible in a custody dispute. But you need to work with an experienced attorney. A child custody lawyer has training and knowledge they can call on to show you are a safe, reliable parent.

Can Dating During Divorce Affect Child Custody?

Some parents begin new romantic relationships during custody disputes. Depending on how long the case takes, a parent may move in with their partner before the dispute ends.

Courts consider both parents’ living situations when deciding custody matters. If you move in with a new partner, you will want to update your address with the court. You may also want to inform the child’s other parent as you do not want to look like you are hiding anything.

The primary way a new relationship could negatively impact your case is if your new living situation is unsafe. For example, if the child’s other parent is worried your new partner will put the child in danger, the courts may agree with them. However, your lawyer can gather evidence showing that your new relationship does not affect your ability to be a good parent.

Does Adultery Affect Child Custody?

Technically, adultery is a criminal offense in Michigan. The statute is not enforced anymore, so parents should not worry about going to jail for adultery. However, adultery may have a significant impact on a child custody case.

Adultery is a violation of trust, and the courts want children to grow up with trustworthy parents. If one parent commits adultery, the other parent will have a much more persuasive case for custody. If the other party brings up adultery in your custody dispute, you need help from an experienced attorney. You and your lawyer will need convincing evidence showing how the accusation is false or has no bearing on the case.

Can My Work Schedule Affect Child Custody?

One of the things judges consider in child custody proceedings is each parent’s living situation. This includes each parent’s work schedule. The courts want to ensure children are in stable homes and that someone is always watching them.

If you work odd hours or your shifts vary, you may have a harder time obtaining the desired outcome in your custody case. To overcome this issue, a child custody lawyer must show you can provide a stable, safe environment for your child.

Talk to an Experienced Child Custody Attorney in Traverse City, MI

Hiring a child custody lawyer makes a huge difference in a child custody case. If the child’s other parent raises any issues about your parenting abilities, a child custody attorney can refute their arguments. A lawyer can also help you reach a faster resolution because they will keep your case on track. They can work with you during any mediation sessions in your case as well.

The Traverse City child custody lawyers at Alward Fisher know how to protect your parental rights and want to help you reach an acceptable resolution to your case. Call us today or visit our contact page for a free consultation.