I’m a Divorcing Father. What Are My Child Custody Rights?

Divorce can be a turbulent time, and determining custody can be stressful for divorcing parents. It’s essential to understand what Michigan law says about fathers’ rights. Knowing your rights can help you make informed decisions for yourself and your child. 

Child Custody Act and Michigan Custody Laws

The Child Custody Act dictates parental rights in Michigan. This maps out the legal guidance for defining, determining, and assigning custody arrangements. According to the law, each parent has a right to custody of their child.

A few factors the court will evaluate when determining custody include:

• The individual parent’s ability to provide and care for the child.
• The homes and other living environments of the parents.
• The ongoing relationship the child has with both parents.
• What the child wants, within reason.
• If the child saw or experienced domestic violence.

Additionally, the court can bring in other non-general factors specific to an individual’s situation that they find relevant when creating a custody agreement. Michigan custody laws do not prioritize or favor the father’s rights over the mother’s. The focus is on the child, their rights, and their relationship with their parents. 

Legal Custody vs. Physical Custody 

In Michigan, there’s legal custody and physical custody. Legal custody gives a parent the authority to make decisions on their child’s behalf. Legal custody decisions typically include anything concerning the child’s well-being, such as their education and after-school activities. Both parents can have joint legal custody over their children. 

A parent whose child lives with them is said to have physical custody. Both parents can have joint physical custody, but the child may not spend equal time with both parents due to factors like the child’s school day. Typically, a predetermined schedule outlines when a child spends time with each parent and is specific to the lifestyles of both parents and the child. 

Tips for Michigan Fathers Facing Divorce

 A judge will assess various factors when determining a custody arrangement. Still, crucial elements include how well the child’s parents can agree on the details of their custody arrangement and the child’s best interests.

Generally speaking, joint custody is suggested if both parents agree on a legal and physical joint custody arrangement. If the parents agree, a judge will approve the agreement. 

Continue to play an active role in your child’s life throughout divorce proceedings. Because Michigan custody laws emphasize the child’s relationship with their parents, it’s crucial to demonstrate to a judge that you have satisfactory parenting capabilities. Maintaining as much normalcy and balance as possible for your child is also essential. 

Contact our Michigan Child Custody Lawyer Today 

Talking to an experienced child custody lawyer can provide you with a tailored plan to help you navigate the road ahead. At Alward Fisher, we understand that going through a divorce can be stressful and overwhelming. Our dedicated legal team will give you guidance and stability during a challenging time.  Contact our office today for a consultation.

This post was originally published in December 2017 and has been updated for accuracy and comprehensiveness in February 2024.