Child Custody Lawyers
Novi Child Custody Attorneys, Custody Battle Lawyers, Michigan Child Custody Help
When determining which parent should have custody of the parties’ minor children, the Michigan courts are required to make an analysis of the following factors:
The love, affection, and other emotional ties existing between the parties involved and the child.
- The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
- The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
- The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
- The permanence, as a family unit, of the existing or proposed custodial home or homes.
- The moral fitness of the parties involved.
- The mental and physical health of the parties involved.
- The home, school, and community record of the child.
- The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
- The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
- Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
- Any other factor considered by the court to be relevant to a particular child custody dispute. MCLA §722.23.
Legal Custody & Physical Custody Law Firm
In addition to the above factors, the court is also required to consider whether the parents would be able to cooperate and generally agree concerning important decisions affecting the welfare of the minor child. The court is required to make specific findings under each best interest factor when rendering custody decisions. When referring to custody of children there are two terms that are commonly used in divorce cases. One is legal custody. The term legal custody means that the parent has the right and the obligation to make decisions about the child’s upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care. In Michigan, courts regularly award joint legal custody to both parents which means that the decision making is shared by both parents. If you share joint legal custody with the other parent and you exclude him or her from the decision making process you may be subject to sanctions, and custody may be modified as a result of one parties’ non compliance.
The second is physical custody. The term physical custody is commonly interpreted as where the child is living the majority of the time. When the child is primarily with one parent generally that parent is referred to as having sole physical custody and parenting time is usually awarded to the other parent. In some cases there is an award of joint physical custody to both parents which typically refers to a situation when the minor child or children reside in approximately equal amounts of overnights with each of the parents.
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