Child Custody Lawyer Oakland County, MI
When legal issues involve children, their best interests have to be the primary focus of any decisions made. In order to ensure that happens, it is important for a parent to have a skilled divorce and child custody lawyer who knows the law to articulate their position.
At Jackman & Kasody PLLC, a Michigan divorce and family law firm, we represent both mothers and fathers in cases involving child custody, parenting time, and post-judgment modifications. Located in Bingham Farms, we also serve clients in Bloomfield Hills, Birmingham, Novi, and the surrounding area.
We bring more than 60 years of combined legal experience to each and every case we handle, giving us the knowledge, skill, and resources necessary to protect clients’ rights while helping them find resolutions that fit their families’ needs.
Custody and Co-Parenting
In order to clearly outline the rights and responsibilities that parents have in regard to their children, the court makes decisions on a variety of related issues, including:
- Legal custody: The right to have input into major decisions affecting a child’s life
- Physical custody: The responsibility for the day-to-day care of a child
- Parenting time: A schedule of time a child will spend with each parent
Modifying Child Custody
Following a divorce or final custody and parenting time determination, families grow and evolve. When unexpected events (positive or negative) arise after the entry of the last custody order, custody and parenting time orders can become outdated and ineffective.
When there has been a substantial change in circumstances, our lawyers help clients petition for post-judgment modifications of orders. In Michigan, parents can modify a custody order for two reasons: proper cause or a change in circumstances. These circumstances can include, but are not limited to:
- A child’s schedule changes due to school and extracurricular events, making parenting time schedules unworkable.
- A parent’s ability to care for children has changed.
- One parent wants to relocate with the children more than 100 miles away from their original home.
- A parent moves to a location less than 100 miles from the original home, but the same makes the current schedule more difficult with school or activities.
Understanding Michigan's Child Custody Laws
Michigan courts decide child custody matters based on what they determine to be in the child’s best interests. In making that decision, the court considers a range of factors related to the child’s needs, stability, relationships, and overall well-being. Understanding how those factors may apply to your circumstances is an important part of preparing for a custody proceeding.
The 12 Statutory "Best Interest of the Child" Factors
When evaluating what custodial arrangement will best serve a child, Michigan courts weigh each of the following statutory factors:
- The love, affection, and other emotional ties existing between the parties involved and the child
- The capacity and disposition of the parties 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 to provide the child with food, clothing, medical care, or other remedial care
- 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 a 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
- 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
Although some of these factors address related concerns, each focuses on a distinct aspect of the child’s circumstances and the parties’ ability to meet the child’s needs.
No single factor is automatically controlling. Courts weigh each factor in the context of the specific family and circumstances before them. Having an attorney who understands how to present evidence on each of these factors can make a meaningful difference in the outcome of your case.
Understanding Joint Custody vs. Sole Custody in Michigan
Michigan law recognizes both joint custody and sole custody arrangements, and courts may award either or both types with respect to legal and physical custody.
Under joint legal custody, both parents share the right and responsibility to make major decisions about the child’s upbringing, including decisions about education, healthcare, and religious instruction. Under sole legal custody, one parent holds that decision-making authority exclusively.
Joint physical custody means the child spends significant time living with each parent according to an agreed or court-ordered schedule. Sole physical custody means the child resides primarily with one parent, while the other parent typically receives parenting time.
Courts may award joint custody if either parent requests it and the arrangement is in the child’s best interests. When evaluating a joint custody request, courts also consider whether the parents will be able to cooperate and generally agree on important decisions affecting the child’s welfare.
The Importance of the Established Custodial Environment
One of the most significant concepts in Michigan custody law is the established custodial environment (ECE). An ECE exists when a child looks to a particular parent (or both parents) for guidance, discipline, the necessities of life, and parental comfort over a meaningful period of time. Courts give substantial weight to preserving an established custodial environment because stability and continuity are considered essential to a child’s wellbeing.
The ECE has direct consequences for modification requests. If a proposed custody change would disturb an existing established custodial environment, the parent seeking the change must demonstrate by clear and convincing evidence that the modification is in the child’s best interests. This is a higher legal standard than what applies when no ECE has been established. For this reason, how custody has been exercised in practice since the entry of the last order can significantly affect a parent’s ability to seek a future modification. Consulting with an attorney early, before circumstances change further, is often the most effective approach.
Michigan Child Custody Frequently Asked Questions
Custody matters are often unique, leaving parents with questions about their rights in certain situations. Here are some common custody and parenting time questions we receive.
How Is Child Custody Determined?
The court will look at the best interest of the minor child(ren) and utilize the Child Custody Statute when determining what custodial arrangement would be best for the child(ren).
Can I Do Anything About My Ex Relocating With Our Child, Although I Am Not the Custodial Parent?
Even if your child does not live with you, the court will often need to approve a relocation that would impact your ability to maintain a strong relationship. In Michigan, custody orders generally require parents who share legal custody to either reach an agreement or petition the court if one parent wants to move more than 100 miles from the other. Even if a move is less than 100 miles, a relocation that will prohibit a parent from following the current parenting plan may also need court involvement to create a new parenting plan.
Does My Child Get To Choose Which Parent to Live With?
A child may express a preference for which parent they want to live with, and the court may consider this preference when working toward a custody arrangement. However, the court will weigh that preference alongside other aspects of a child’s life, such as their health, their education and each parent’s ability to care for them.
If My Ex Does Not Pay Child Support, Are They Still Entitled to Parenting Time?
While not receiving child support can be a significant challenge for parents, those parents must still provide their ex with the parenting time outlined in their custody order. However, that does not mean that they have to simply accept the lack of financial support. Because the failure to pay child support is a violation of a court order, parents can take legal action to hold them accountable while also upholding their responsibilities under their current arrangement.
Parenting Time Questions? Contact Our Child Custody Lawyer Today
To schedule a free initial consultation with a team of experienced divorce and family law attorneys, contact Jackman & Kasody PLLC at (248) 594-9991.
Contact Information
Northville, MI 48168