The Different Types of Child Custody in Michigan

Many people hear the term “child custody” and assume it describes which parent a child lives with. However, this is actually just one of several custody arrangements — and each comes with certain rights and responsibilities. Understanding the types of child custody in Michigan is important if you and your co-parent are considering a divorce. It would be best if you made an informed decision about what’s best for your children.

The legal team at Alward Fisher can clear up some common misconceptions about child custody terminology. To learn more, don’t hesitate to contact us and speak with an experienced child custody lawyer in Michigan.

What Are the Different Types of Child Custody in Michigan?

Child custody covers several different types of arrangements. There are two distinct forms of child custody arrangements in Michigan:

• Physical custody — Physical custody determines the child’s living arrangements, meaning where the child primarily lives.
• Legal custody — Legal custody refers to the right to make important life decisions for the child, such as where they go to school, what faith they are raised in, and what medical care they receive.

Beyond these custody classifications, the court will also decide if custody is joint or sole. Both parents share custody with joint custody. Sole custody means only one parent has custody of the child. When parents share legal custody, they must make decisions for the child together. With joint physical custody, the child will live at each parent’s house. The court will also determine the amount of time they spend with each parent. A parent may share legal custody of their child without also sharing physical custody.

Michigan considers joint custody the ideal arrangement because it is generally in the child’s best interest to maintain a close relationship with both parents after a divorce. However, it is not necessarily the best option in every situation. The child’s best interest must come first. In some cases, the court may give one parent sole legal or physical custody. Or the court can award one parent sole physical custody but create a parenting time or visitation schedule for the other parent.

Factors Considered When Determining the Custody of a Child in Michigan

The main question the courts will consider when determining the custody of a child in Michigan is: What is in the child’s best interest? Michigan courts weigh many elements when deciding what custody arrangement ultimately benefits a child post-divorce, including:

• The emotional ties between the child and each parent
• Each parent’s ability to provide for the physical and emotional needs of the child
• Each parent’s ability to provide a stable environment and living arrangement
• Each parent’s physical, emotional, and financial health
• The home, school, and community history of the child
• Each parent’s willingness to foster a good relationship with the other parent
• Each parent’s history of domestic violence or abuse
• Any other factor a judge considers relevant to the child’s health and safety

How Does the Judge Decide Parenting Time?

Parenting time is a schedule that lays out who the child will spend their time with on a weekly or monthly basis. In cases where one parent has sole physical custody of a child, the other “non-custodial parent” is generally granted visitation — unless it would endanger the health or safety of the child.

It is always best when parents work together and agree on a custodial or visitation schedule that satisfies everyone. However, that is not always possible. Sometimes Michigan courts need to intervene. In cases where the parents do not share physical custody, courts generally grant the non-custodial parent visitation time so they can bond with their child. A non-custodial parent may have parenting time with their child every other weekend, on certain holidays, or during school vacation.

The parenting schedule sets a minimum amount of parenting time for the non-custodial parent. If the parents agree to more visitation time than is spelled out in the agreement, the court typically will not step in to restrict this informal visitation arrangement. Depending on the circumstances of your case, a judge may also specify parental time must be monitored by a neutral third party. This is a form of supervised visitation.

To create a balanced parenting schedule, a judge will generally ask the following questions:

• Does the child have special needs?
• Is the child still nursing?
• How does travel time impact the child?
• Is there potential for the non-custodial parent to abuse the other parent during drop-off and pick-up?
• Is there potential for the non-custodial parent to abuse or neglect the child during visitation?
• Is there the potential the non-custodial parent will keep or hide the child from the other parent?
• Does the non-custodial parent have a history of not following a previous parenting schedule?

Talk to Our Experienced Child Custody Attorneys in Traverse City, MI Today

The Traverse City child custody attorneys at Alward Fisher know you are going through an emotionally difficult time. Your child’s best interest is always at the front of your thoughts. But when you are navigating a divorce, many other concerns are also competing for your attention. You do not have to face these challenges alone. We have the experience and resources to handle the most challenging custody cases and will always put you and your children first.

Ready to talk to a compassionate Traverse City family law attorney about your situation? Contact our office today to set up a confidential legal consultation.