If you are a parent going through a divorce, one of the most important questions to be settled is how child custody will work. Michigan family law generally prefers that parents share custody and split parenting time after a divorce, but this isn’t always in the child’s best interest. A Traverse City child custody lawyer from Alward Fisher can help you reach an agreement that best meets your child’s needs.
With more than 100 years of combined experience, the family law attorneys at Alward Fisher have the knowledge, skills, and resources to advocate for you and your children. At Alward Fisher, our legal team has a thorough understanding of Michigan’s child custody laws, and we’ll use that knowledge to fight for what’s best in your case. Contact us today to learn more.
Understanding Michigan Child Custody Laws
Michigan law states that when couples get divorced, any custody decisions must be made according to what’s best for the children. This is a worthy goal, but in practice figuring out what’s best for a child’s development is a complicated process. Parents may disagree on the best environment in which to raise the child, and there may be issues in the family’s history that sway the argument one way or another.
There are four core concepts to keep in mind when it comes to child custody proceedings in Michigan:
- Legal custody – Legal custody refers to which parent has decision-making authority with regard to how a child is raised. A parent with legal custody of a child can decide where that child will attend school, what medical treatment the child will receive if they get sick or injured if the child will attend any religious institutions, and so on. Michigan law encourages parents to share legal custody whenever possible. But if one parent is deemed unfit to have legal custody, the other parent may be awarded sole legal custody. Factors that could cause a parent to lose legal custody of their children include domestic violence, drug or alcohol abuse, having a criminal record, and so on.
- Physical custody – Physical custody refers to where a child will live after a divorce and whether a parent is allowed to spend time with the child. This is why it’s sometimes referred to as parenting time. If you and your spouse are on good terms, most likely you will share legal custody of your children while splitting physical custody. However, certain factors may persuade a judge to award physical custody to one parent or to only allow supervised visits. Substance abuse, domestic violence, or criminal history are some of the factors that can influence whether a parent is allowed physical custody of their children after a divorce.
- Joint custody – When parents share legal or physical custody of their children, they’re said to have joint custody. In many divorce cases, parents will share legal custody while dividing up physical custody in such a way as to minimize the harm to the children. This keeps both parents involved in the child’s life, hopefully keeping the impact on the child to a minimum.
- Sole custody – Sole custody refers to cases where only one parent has legal or physical custody of their children following a divorce. If one parent is awarded sole custody after a divorce, the other parent can petition the courts to have the judgment modified, though this is often quite difficult to do.
Child Custody and Parenting Time in Michigan
Legal custody and physical custody are two distinct but related issues when parents are getting divorced. In many divorce cases, parents will end up sharing legal custody, which means both parents have a say in how their children will be raised.
In cases where parents share legal custody and must divide parenting time, there are several ways to work out which parent has physical custody at what times. If the parents are on good terms, they may be able to work out a schedule themselves, though it will still need to be approved by the family court judge. If the parents cannot reach an agreement on their own, third-party mediation or a series of court hearings may be necessary to resolve the issue.
There are cases when one parent is awarded sole legal and physical custody of their children following a divorce. If you have lost custody of your children, you can petition the courts to have them reconsider your case, though you’ll need compelling evidence for them to do so. A Traverse City child custody attorney from our firm can review the circumstances of your case and help you understand your options.
How to File for Child Custody in Michigan
There are a few different ways to file for child custody, depending on where you are in the divorce process.
- If you file for divorce first, you can petition for custody of your children when you send in your initial court paperwork. If your spouse agrees to whatever custody arrangement you’ve proposed, that will likely be the end of the matter, assuming the court approves. If your spouse does not agree with your proposal, you’ll have to work out who will have custody during the divorce process.
- If your spouse has filed for divorce before you and is seeking sole custody of your children, you have a chance to respond to their proposal. You can present your argument to the judge overseeing your case, and you may be referred to a mediator to see if you and your spouse can come to an agreement. If you can’t agree, the judge will make the determination based on the available evidence.
- Finally, you can file a petition to have a Judgment of Divorce modified if the divorce is complete and you were not awarded custody of your children. Getting a court order modified is a difficult task, however, so you’ll want help from an experienced Traverse City child custody lawyer.
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At Alward Fisher, we provide more than savvy legal representation. We provide peace of mind. Peace of mind for your business. Peace of mind for your family. And the peace of mind for your future. No matter what types of legal challenges you are facing, we can help you find solutions.
Michigan Custody Factors & Considerations
There are many factors that a judge may consider when deciding which parents will have custody of any children following a divorce, but some of the major factors include:
- The emotional ties between the children and each parent
- The ability of each parent to raise and educate the children
- The ability of each parent to financially provide for the children
- How much time the children have lived in a stable environment
- The relative permanence of the living arrangement for each parent
- The moral fitness of each parent when it comes to raising children
- The health of each parent
- How well the children are currently doing at school, at home, and in their community
- The children’s preferences if they’re old enough to make a rational decision
- The parents’ willingness to encourage their children to have a relationship with the other parent
- Any history of domestic violence or substance abuse
- Whatever else the court determines to be relevant
Child Custody FAQs
Here are some of the most common questions our Traverse City child custody attorneys get about how child custody works in Michigan:
Child Custody
How far can a parent move with joint custody?
If parents share legal custody of a child after a divorce, the parent with physical custody can move up to 100 miles away from their location when the Judgment of Divorce is finalized. If the parent wants to move any farther than that, they’ll need to petition the courts.
How does child custody work for unmarried parents?
By default, an unmarried mother will have sole legal and physical custody of her child unless the father files a paternity action in court and is successful. Once the father has established paternity, he can file for shared or sole custody of the child.
How do I get sole custody in Michigan?
To obtain sole custody of your children after a divorce, you will have to provide a reason why the court should not award custody to the child’s other parent. This generally means demonstrating that the child would be in danger if the other parent were to have custody.
What rights do fathers have to child custody in Michigan?
When couples are married, Michigan’s child custody laws do not explicitly favor the mother or the father. The idea is to create an arrangement that best suits the needs of the child. That said, fathers do sometimes encounter unfair discrimination in custody cases. A lawyer can help ensure your rights are upheld while you petition for custody.
What rights do grandparents have?
There are a few circumstances in which grandparents can petition for custody of or visitation rights with their grandchildren, such as:
- The grandparents have acted as caregivers for the child within the past year.
- The child’s parents are currently divorcing or separated, or have already divorced or separated.
- The child was born to unmarried parents, and the parents don’t live together. The father has been legally recognized and pays child support.
- The child is not living with their parents, or the parents do not have custody of the child.
How a Traverse City Child Custody Lawyer Can Help You
Regardless of the specifics of your situation, it’s crucial to get help from a lawyer if you’re pursuing custody of your children. Michigan child custody laws are complex, and it can be challenging to modify a custody order once it’s been handed down.
The Traverse City child custody lawyers at Alward Fisher understand what’s at stake for you. We will fight vigorously for your right to see and spend time with your child. We’ll examine all of the available evidence to build a case that supports your needs and the best interests of your child. We can also petition for a modification of your current custody order.
Throughout the process, we’ll be by your side, clearly communicating every update and addressing all of your questions and concerns. We’re here to provide you with the straightforward advice and guidance you need. You can learn more by contacting our Traverse City family law attorneys for a confidential consultation.
