Dealing with a child custody dispute can be quite emotional, as you try to understand and decide what is best for your children. These decisions can include custody changes, support changes and even requests to change a child’s home. The family law attorneys at Collis, Griffor & Hendra can help make this process easier. We know it is important to have an attorney who understands the law and can talk to you about your goals for the children, the state of the law, and what the judge may do in your case. If you need an experienced Ypsilanti child custody attorney who can protect the future of your family, contact Collis, Griffor & Hendra today to schedule a consultation.
What Are the Different Types Of Custody in Michigan?
There are two types of custody in Michigan- physical custody and legal custody. It is important to note that both physical and legal custody can be either joint or sole.
- Physical custody refers to which parent the minor children physically live with. If a minor child resides at both parents’ homes for more than 128 days, the parties have joint physical custody.
- Legal custody, on the other hand, has nothing to do with where a child lives. It only has to do with the ability of the parents to make decisions about a child’s life, such as health care, education, and religious upbringing.
Joint Custody vs. Sole Custody
In the vast majority of divorce cases, joint legal custody is given to both parties, whereas primary physical custody is given to one party. Joint custody means that both parents are able to have involvement in the child’s life, whether it is through joint physical or joint legal custody. Generally, sole custody will only be awarded if one parent is determined “unfit” to parent, and could put the children in harm’s way if custody were granted.
How Do Michigan Courts Decide Child Custody?
When determining child custody in Michigan, the court does not simply choose one parent over the other based on preference or convenience. Instead, the judge is required to evaluate what is known as the “best interests of the child.” This standard is intended to ensure that any custody arrangement supports the child’s overall well-being, stability, and development. Every family situation is different, and the court will take a close look at the unique facts of your case before making a decision. In doing so, the court will consider a number of important factors, including the following:
- The emotional ties and relationships between the child and each parent, including the level of involvement each parent has had in the child’s life and upbringing over time.
- Each parent’s ability to provide love, guidance, and continued support, as well as their willingness to meet the child’s day-to-day needs in a consistent and meaningful way.
- The stability of the child’s current living situation, including how well the child is doing in their home, school, and community, and whether maintaining that stability would be beneficial.
- The mental and physical health of each parent, particularly as it relates to their ability to care for the child and provide a safe and supportive environment.
- Any history of domestic violence, regardless of whether it was directed at the child, as this can have a significant impact on custody determinations.
- Each parent’s willingness and ability to encourage and facilitate a close and continuing relationship between the child and the other parent.
These factors are not weighed equally in every case, and no single factor will automatically determine the outcome. The court will consider the totality of the circumstances and make a decision that it believes serves the child’s best interests. Because of the complexity involved in these determinations, it is important to work with an experienced family law attorney who can help present your case in the most effective manner possible.
Post-Judgment Custody Modifications
An issue that commonly arises in divorce matters is that a decision regarding custody will be made with the family’s current circumstances in mind. With that said, nobody can predict the future and the changes that will occur. When this happens, parents may wonder if they are able to make changes to their custody arrangement. Custody can be changed after a divorce, support case, custody case or paternity case. However, a court will look to the best interests of a child to see if a custody change is warranted. A change in custody must be based on some change in circumstances between the parties and should be handled in court with the help of an experienced family law attorney.
Contact a Ypsilanti Child Custody Attorney
At Collis, Griffor & Hendra, we understand how emotional child custody matters can be for the entire family. This is often one of the most difficult parts of any divorce. You need an attorney who cares. If you are looking for an experienced Michigan child custody attorney who is well-versed in family law matters, including parenting time and relocation cases, contact Collis, Griffor & Hendra today to set up an appointment for a consultation at our office in Ypsilanti.
