Overview of Child Custody – Michigan Law
How is custody determined? How does the court deliberate on who ends up with the kids? In a child custody case, there will be a disagreement and a conclusion. Who the parents are must be ascertained. Finding the mother is not difficult. Sometimes it’s challenging to identify the father. If the mother does not object, the court will accept the father’s declaration. They can produce proof in the form of affidavits of parentage. DNA testing is used by the court to determine paternity. There will eventually be a petition. Let’s take a quick overview of child custody.
Click here to watch the video on Overview of Child Custody – Michigan Law
Based on twelve statutory factors, the court will decide. Not all factors are equally weighted. The court can hold off until the parents reach a decision. The court makes a decision when parents are unable to agree. Using the twelve statutory factors, the decision will be made in the child’s best interest. The court can choose joint custody or pick one of the parents.
What are these 12 factors used by courts to determine who gets custody?
Judges take into account 12 elements while deciding matters involving underage children. All are related to the child’s best interests. The standards can be used in circumstances concerning children. It addresses child custody, visitation rights, and guardianship of minors. The court takes into account 12 variables while assessing what is in the “best interests of the child.” Despite the importance of each component, the judge need not give them all the same weight. The judge can rule that certain elements of your case are more important than others. The judge must weigh all factors and reach a decision.
Factor ( 1 ): The child and the parties concerned are emotionally attached. They are attached through love, affection, and other relationships;
In many households, children adore and feel a strong bond with both of their parents. You might occasionally be required to offer proof of inappropriate behavior. One parent prioritized their demands over the needs of their children.�� The relationship can suffer because of domestic abuse or other events.
Factor ( 2 ): The capability and disposition of the parties concerned to continue the child���s education. The upbringing in his or her creed or faith, if any, and to show the child love, affection, and direction;
This factor highlights the function of parents. Their function in aiding their children’s growth and development. Show you are the parent attending your child’s parent-teacher conferences. Prove that your spouse had a problem with the child visiting a preferred place of worship. Several arguments are made about this factor as well as factor 8 below. You can have arguments comparing the advantages of public and private education.
Factor ( 3 ): The ability and willingness of the parties to meet the child���s requirements. These are requirements for food, clothes, and medical treatment. Requirements for remedial care permitted by state statutes instead of medical care;
This factor creates an image of the competition. Parents competing for resources to support children is taking place. Child support’s ability to offset any financial imbalances. The imbalances are taken into consideration by Michigan courts. Who takes the children to the doctor? What eating habits are affecting the child’s weight issues?�� Examine medical problems. Perhaps your spouse failed to get the children’s essentials, such as school clothes. Who complied with these demands in the past? Which has a greater capacity for and tendency to provide? Who is supplying the material and medical requirements of the children?
Factor ( 4 ): How long the child has resided in a dependable setting? How long is the need of maintaining continuity?
The Michigan family court will make every effort to limit how much a child’s life is disrupted. The approach that provides the child with the most continuity is preferred by the courts. In a divorce, the parent who is given custody also has a claim to the marital residence. The judge will assess the history of the children’s time spent with each parent. This applies if the parents are not living together right now. Judges have ruled in favor of keeping that tradition going. Unless it is incorrect or unsafe in another manner. Prove that unsafe living conditions exist. Show that illegal drugs were used within the house. This is crucial, especially if kids can access them. Risky strangers’ introduction into the ecosystem of the children’s household.
Factor ( 5 ): The continuity of the proposed or actual custodial home(s) as a family unit;
This factor looks at the physical characteristics of each parent’s home. investigating their interactions with other family members. Relationships between the child and step- or half-siblings may be at the focus of custody battles. The parents’ repeated relocation and the introduction of new romantic partners. Your split can force you to relocate. You should be prepared to show proof of your stability. Provide explanations for why the move was necessary.
Factor ( 6 ): The moral standing of the parties involved;
The main areas of contention are often factors (6) and (7). It’s frequently a topic of contention. Many times, couples try to blame their partner’s extramarital affair. Because of their partner’s drinking habits, custody may not be awarded. The Child Custody Act merely considers a person’s parental capacity. No distinction is made on who the morally superior adult may be. It is not sufficient to have a history of drinking. Make a stronger argument. Show that the other parent drinks alcohol while the children are with them. Deciding to prioritize time with a new partner above your children. This can have an impact on your custody dispute. It does not immediately diminish your spouse’s parenting skills.
Factor ( 7 ): The parties��� physical and emotional well-being;
Be prepared to provide medical documentation or expert testimony in this matter. Show that one parent is struggling with mental health concerns. or a physical disability that affects their ability to be a parent. The Court is required to provide reasonable accommodation. This is provided under the Americans with Disabilities Act for a person’s disability. It is difficult to attest to any fact. You are unable to vouch for the fact that your husband is depressed and stays in bed for days on end. Prove that the other parent is not seeking help. the process of treating a physical or mental health concern. It is having an impact on their parenting skills. Show the other parent is suffering from a recognized medical or mental illness. It interferes with their ability to parent and cannot be accommodated.
Factor ( 8 ): The child���s history, school, and community;
The primary factors in this component are the child’s circumstances. Provide evidence of the impact of your divorce or separation on your child. Behavior problems at home are required as proof. Disputes amongst siblings or friends, problems in the classroom, or other circumstances. As proof of this factor, progress reports or report cards from the school may be used. Teachers or therapists may also vouch for a child’s development or mental well-being.
Factor ( 9 ): The child���s reasonable preference. Done if the judge determines that the child is mature enough to express a preference;
Children as young as 6 years old may be asked to express their choices in a custody battle. Typically, courts do not summon young people to testify. The family court judge will speak privately with each child. A Friend of the Court investigator may interview them. Learn more about their decisions and the motivations behind them. The judge’s ruling or the Friend of the Court’s recommendation states the child’s wish was taken into account. As a parent, you shouldn’t instruct your child on how to respond in these interviews. You can concur with your child’s point of view. The investigator can assume the child was under duress. When deciding what is in the child’s best interests, it could work against you.
Factor ( 10 ): A close and ongoing parent-child interaction. Between the child and the other parent. The child and the parents are encouraged and supported by each of the parties. A parent can take any reasonable action to safeguard a child against sexual assault or domestic violence. It can be committed by the child���s other parent. Such action to protect will not be viewed unfavorably by the judge for this factor;
In your custody dispute, there may be more stress. Your Michigan custody decision will take this issue into account. Parents must support and encourage their child’s relationship with the other parent. The only exceptions are cases of domestic abuse or child maltreatment. A parent may occasionally restrict a child’s contact with the other parent during a high-conflict divorce. Parenting time can be constrained. The worst circumstances are described using terms like “parental estrangement.” There is controversy over the science behind “parental alienation.” There are times when one parent prevents their children from speaking to the other. You can give the narrative and talk about how it relates to this factor with your lawyer.
Factor ( 11 ): Domestic abuse, whether the child was the target of the violence or witnessed it;
Children have been involved in some of the most difficult and tragic legal disputes. Domestic violence against children. Parents may have a history of using violent, abusive words or actions toward their children. The courts see this abuse of power very seriously. It can be difficult to describe your experience as a victim of domestic violence to the judge. You should lay out the information, experiences, and observations of the children as well as your own. This will make it simpler for your court to establish a schedule for custody and visitation. It can guarantee everyone’s safety. Understanding how your abuser’s behaviors affect you and your children is helpful.
Factor ( 12 ): Any additional factor the judge deems pertinent;
You are free to raise any difficulties that are unique to your circumstance. Despite the scope of this factor, typical “additional aspects” include:
[ a ]�� A child’s particular educational requirements or continuing medical conditions.
[ b ]�� Siblings’ wish to stay together (including step-siblings or half-siblings).
[ c ]�� Childcare arrangements (including the amount of time spent in daycare).
[ d ]�� Stressing out the child emotionally or including them in the divorce process.
[ e ]�� The other parent putting financial pressure on the parent vying for custody.
The following “extra criteria” will not be considered by the court, in particular:
[ a ]�� Parental race or ties between races.
[ b ]�� The gender or sex of the parents. (Favoring the mother based on gender stereotypes. or placing a child with a parent of the same gender for that reason).
[ c ]�� The biological relationship between the child and a parent. (A child was conceived with the use of alternative reproductive procedures; the infant was adopted.)
A parent may ask for a modification of an existing child custody arrangement.�� This arises once a parent finds there is a valid basis to change existing arrangements. Or, that shift in the situation calls for a review of custody. Once the necessary conditions are met, the judge reevaluates the best interest standards. The judge will pay attention to what has changed this time. What presents a challenge for the child?
Who gets custody of a child if there is no court order? Who gets custody if the parents are unmarried?
Unmarried mothers in Michigan are presumed to have primary custody of their children. The unmarried biological father still has to prove his paternity. He needs to get a court order granting him custody rights.����
Affidavits of Parentage can be signed at the hospital where the child is born. It can also be done later by unmarried fathers. Unmarried fathers who wish to voluntarily establish paternity with the mother’s consent. A father can legally prove parentage if paternity is in dispute. This usually entails getting genetic testing to prove a biological connection.
Historically, mothers were more likely to be granted custody. Times have changed for parents. Fathers are now recognized by law. They can file actions to get sole or joint custody of their children. They can also get visitation or parenting time.
Unmarried fathers have a greater chance of winning joint or exclusive physical custody. At the absolute least, court orders permit them to spend time with their children. The court decides on child custody if both parents are unable to reach an understanding. The court will make decisions on visitation rights, legal custody, and physical custody. This means deciding which parent the child lives with and when.��
What do you need to consider when deciding on the best custody arrangement for your children?
Equal child custody arrangement is more common today than it was in the past.�� Your custody arrangement may change. This can change for many reasons, such as changing circumstances. The developmental stage of the kid should be taken into account:
[ a ]�� The range of your children’s ages.
[ b ]�� How well you collaborate with the other parent.
[ c ]�� Your unwillingness to change, preferring to keep a regular schedule.
Any custody arrangement that is designed with the child, not the parent, in mind should be the best choice. Parents must take into account the following aspects while choosing the custody arrangement:
[ a ]�� Breaks from parenting time. Communicating at least once every few days with each parent.
[ b ]�� Consistency and predictability.
[ c ]�� The child’s developmental stage is taken into account. During nursing, parents can give their children shorter, more frequent attention spurts. This might be more beneficial. The sharing of breast milk may be arranged by the parents.
[ d ]�� When both parents previously provided for the child’s everyday needs. Parenting during the night is one example of a scenario that could apply.
[ e ]�� Consider using a “graduated schedule.” Parenting time is spent less frequently and for longer periods initially. Every time a parent reaches a milestone, they use this graduated schedule. You can use this when a parent has not regularly provided the child with care. Sometimes, a parent may feel uneasy providing care for the child.
[ f ]�� Allocate parenting time as often as necessary. Especially when the parents live in different locations. Parents may have to travel while raising their children.
[ g ]�� The opportunity for parents to accompany their children to significant events. Doctor’s appointments, spiritual holidays, and birthdays can all be categorized as important occasions.
A custody arrangement must be part of the parenting plan. The best decisions are typically those that were made with the welfare of the children in mind. That viewpoint enables us to handle the intricate world of custody arrangements.
What custody arrangements are best for your children?
Certain families and their children can or cannot enjoy certain custody arrangements. Decisions best for the parents may not be the best for the children. Younger children yearn for frequent interactions with their parents. It could be more joyful for them. Older children can be more interested in settling down for an extended period. It might be best for the child in the early years to spend more time with one parent. The child starts to spend more time with the other parent as they get older. It’s possible that one parent and their younger children can get along better than the other.
Parental time policies are governed by state law in Michigan. It is the same situation in Macomb County and other Michigan counties. The “best practices” mentioned in these recommendations are often relevant. Most parents view the terms of child custody as a weekly schedule. Templates for parenting time schedules are designed as a weekly routine. You can experiment with a few of these recommended schedules.
Custody schedule using full weeks.
Younger children benefit from weekly plans. Weekly arrangements are also a great option if parents don’t live close enough. This pattern of alternating weeks is known as “week on, week off.” Under this type of custody agreement, children spend a full week with each parent. The following week must pass before visiting the co-parent for a full week. For instance, parents can pick Sunday through Saturday as the start and end dates. Use this to decide when the children will also go to the other parent. This custody arrangement prevents a lot of midweek moves.
Instead of moving the children every other week, the custodial parents have them for two weeks at a time. A two-week hiatus can be too long for some children. They do reduce the amount of time that children need to transition from one family to another. Some parents might only use this strategy during the summer. The two-week calendar makes vacations simpler.
Custody arrangements make use of midweek transfers.
During the first week, one parent will put in more hours than the other. During the second week, the other parent will put in greater hours. The total number of custody days for each parent is equal by the conclusion of the two weeks. There are various ways to divide the weeks fairly. These numbers reflect how many days each parent will have. Parent One has 3 days with the children, then Parent Two has 4 days. Parent One has four days, but Parent Two only has three. It follows the equation 3-4-4-3. Then the schedules are reset.
[3-4-4-3]. The fourth day rotates, but the parents always have the same three days of the week in a row. One parent might only have weekends off. Maybe just Friday through Sunday is available to the other parent. You occasionally switch Thursdays. Weekends are not switched in this approach. A Saturday or Sunday can be chosen to be the day for switching.
[5-2-2-5]. With the children, alternate the entire weekend. A 5-2-2-5 strategy is worth trying. Every parent gets the same two days a week to spend with their child. Get the Monday and Tuesday schedules or Wednesday and Thursday schedules. Each parent alternates weekends with the other.
[2-2-3]. You want your children to switch between parents as frequently as possible, but not every day. Consider using the 2-2-3 custody scheme. Parent Two takes over the other two days of the week while Parent One looks after the children for two of those days. Spending time with Parent One and the children over the next three days. The plans for next week are reversed. Parent One receives two days, Parent Two receives three days, and Parent Two receives two days.
A week without one of the parents can be too long apart for children. It makes sense to break up the week in these circumstances. These arrangements divide custody equally throughout two weeks. Regular work, weekend, and vacation schedules are included in this. The same is true for special days and other noteworthy events.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.