When deciding child custody in Michigan, judges examine what is in the best interests of the child. To do this, they review a very specific set of factors outlined by the state’s laws.
Our law firm’s child custody lawyers in Kalamazoo could help you navigate your custody issues. We could help you better understand how the court determines custody and guide you through your custody case.
What Are the Two Types of Custody In Michigan?
There are two types of custody parents can seek: physical custody and legal custody.
Physical custody refers to where the child will live and who will have responsibility for their day-to-day care. The courts typically encourage joint physical custody so children can maintain a relationship with both parents. However, sole custody may be necessary when parents live far from one another or when there is a history of neglect, abuse, or domestic violence.
When parents share physical custody, they must work out a parenting plan to divide the child’s time between their households. They will also have to decide on other factors, such as child support. When parents cannot agree on a shared custody arrangement, the judge may have to decide for them and issue a ruling.
Legal custody refers to the right to make decisions about the child’s upbringing. These decisions include choices about healthcare, school enrollment, religious instruction, and participation in extracurricular activities. Like physical custody, parents can share legal custody, or a judge may award sole custody to one parent.
What Do Courts Look At When Deciding What Is in a Child’s Best Interests?
According to the Michigan Courts, judges decide child custody in Michigan based on 12 specific factors outlined in the Michigan Child Custody Act. These factors include:
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The love, affection, and emotional ties between the parents and the child
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The ability of each parent to meet the child’s mental, emotional, and spiritual needs
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The ability of each parent to provide for the child’s physical needs, such as food, clothing, and medical care
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The stability of the child in their current home environment, and how changes may affect them or their ability to maintain their community
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The physical and mental health and moral fitness of each parent
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The willingness of each parent to foster a healthy parent-child relationship between the child and the other parent
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The child’s preferences
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Instances of abuse, neglect, or domestic violence
How Could Our Family Law Attorneys Help With Your Custody Case?
Child custody cases can be complex and stressful. Our law firm could guide you and help you seek a custody arrangement that is best for your child and your family. We could also help you avoid mistakes that could put your ability to gain custody in jeopardy.
Our child custody lawyers could:
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Prepare and file paperwork according to the deadlines.
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Help you communicate with the other parent and their legal representative.
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Assist with negotiating a parenting plan.
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Represent you during mediation.
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Represent you during a custody hearing before a judge.
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Fight to protect your parenting rights.
We could also help you enforce custody orders or modify an existing custody agreement if necessary.
Contact Herbert Machnik Law Firm Today
At Herbert Machnik Law Firm, we take a collaborative approach to child custody. We listen to our clients and work with them to find creative and effective solutions to meet their needs. We could help you understand the considerations judges use to decide child custody in Michigan and assist in building the strongest case possible.
Contact us today to learn more. We have offices in Kalamazoo and serve clients in surrounding Barry, Allegan, Calhoun, Van Buren, Branch, St. Joseph, Cass, and Jackson Counties.
