Child Custody and Parenting Time – Michigan Lawyers
The key concerns are parenting time and child custody in a divorce involving minor children. Along with the division of assets and alimony, these will be significant problems. Who has the power to make decisions for the children will be determined by the court. The children’s living arrangements must be decided by the court. This is all about child custody and parenting time.
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Legal custody will be a deciding factor in the decision-making process. The physical custody of the children will determine where they will ultimately sleep. Legal and physical custody may not be shared between the parents. The court will still provide the other parent parenting time even if one parent is given custody. If it is in the child’s best interest, they will provide parenting time. Parenting time is only denied if the child will suffer from exposure to the parent. Parenting time may still be granted by the court even if it is suspended. If the circumstances that made it harmful to the child no longer exist, the court will approve it.
What are child custody and parenting time?
Custody is the legal duty to raise and supervise your child until they become 18 years old. The court may grant child custody to one or both parents. In Michigan, you will come across two kinds of custody: legal and physical. Legal custody is the right to make decisions that will have a significant impact on your child. Having legal custody gives you the right to decide things. You can decide your child’s education, medical care, and religious upbringing. Physical custody refers to who your child lives with daily. It entails physically caring for and supervising your child.
A judge determines if the custody arrangement is in the child’s best interests. They will frequently sign the court order allowing it. The descriptions of a few various custody arrangements can be found below.
Sole Custody: “Sole custody” has no clear legal meaning. The Michigan Custody Guidelines state defines sole custody. A parent having both primary physical and primary legal custody has sole custody. Physical custody is granted to the parent who cares for their child most of the time. Legal custody is when a parent makes all decisions for the child’s upbringing. These are decisions involving their health care and education. It includes matters like religious upbringing and involvement in extracurricular activities.
Joint Custody: Joint custody is something the court must take into account when a parent asks for it. Joint custody must be given if the parents agree to it. It is granted unless the court finds that it is not in the child’s best interests. Judges are expected to explain justifications in the official record. It is to be explained in writing whether they approve or deny the request. Judges can take joint custody into account. Judges must take into account whether the parents can communicate effectively. They generally concur on subjects with a significant impact on the child’s well-being. Joint legal or joint physical custody, or both, is acceptable.
Joint Legal Custody: Both parents have the authority to jointly make decisions. Decisions have an impact on their child’s well-being. The amount of time the child spends with each parent does not have an impact on joint custody.
Joint Physical Custody: It implies the child spends an amount of time with each parent. It does not suggest that the parents will necessarily share parental decision-making authority. Unless the court has granted joint legal custody. One parent might be permitted possession throughout the summer. It can alternate weekends and alternate holidays. The other parent can be granted access during the school year.
The court specifies the length of time the child will spend living with each parent. This is the case with physical custody. The court order may stipulate that parents share physical custody. It is so ordered so that their children can see both of them. A child lives with one parent. All regular and significant choices about the child are made by that parent.
How is custody determined by the courts?
What factors do judges consider in custody cases? There is a misconception of two parties smear one another in a custody fight. People think the court takes the side of one who is the most unsuccessfully delegitimized. Statutes specify the factors a judge must consider when deciding custody disputes. The child’s best interests are taken into account by the court in Michigan. It is the basis for making decisions on custody cases. The presiding judge will focus on the child’s best interest. The parties’ attempts to disparage one another will not be the focus of the court’s attention. Any disagreement about custody will be resolved. It will be based on which parent can best represent the child’s interests.
When making decisions about cases involving minors, judges consider 12 statutory factors. All are connected to what is best for the child. The guidelines can be applied in child-related situations. It talks about minor guardianship, visitation privileges, and child custody. The judge need not weigh each factor equally when determining what is in the “best interests of the child.” The judge may decide that some factors in your case are more crucial than others. The judge must consider every aspect before making a judgment.
A parent has the right to request a change to an existing child custody agreement. This occurs when a parent determines there is a good reason to alter current arrangements. Or perhaps that change in the circumstances necessitates a reassessment of custody. The judge reevaluates the best interest criteria. The judge does this once the relevant requirements have been satisfied. What has changed this time will be taken into consideration by the judge.
Can a parent lose custody?
Parents may lose custody of children for a variety of reasons. In Michigan, disputes over child custody frequently involve the courts. The court takes into account your relationships with your spouse and children. Your behavior will be carefully observed.
There can be attempts to undermine parenting time. There can be purposeful measures to alienate the other parent. These actions and behavior have severe consequences. Such wickedness will be noted by the court. It will have an impact on how your custody case is handled going forward. If you find yourself in a situation where the other parent is acting in this way, you should go to your lawyer.
The non-custodial parent can be granted joint legal custody. It can happen even if the child lives with the custodial parent full-time. They can have frequent and regular visitation rights. They can take part in significant decision-making over the child’s life. Only extremely rare situations would result in a biological parent losing parental rights. But losing custody can still happen.
There are reasons why a parent can lose custody.
Disregarding judicial orders.
You run the danger of running afoul of the law if you ignore a court order. Even worse, it can stop the court from fairly hearing your case moving forward. Being court-friendly is usually a good thing, and abiding by the court’s guidelines is one way to do this. The court determines your parenting time and custody arrangements. The courts underline how crucial it is to keep the children’s environment stable. The parents’ time together is what provides such stability. We are aware ending a marriage can be painful. Perhaps the parents’ enmity is the sole remaining emotional connection.
Understand the importance and benefit of preserving your relationship with children. You can have the best opportunity to spend time with your children. You have equal opportunity for parenting time and custody. The only way to enhance parenting time is to have full or even physical custody of the child. The non-custodial parent affords you more opportunities to interact with your children. You want to make a point of not allowing your co-parent to see the children. You have custody and don’t get along with the other parent. You enjoy witnessing how challenging it is for your co-parent to be away from the children.
Restricting a parent’s ability to see their children is a way of getting revenge. It is a way of getting back against the parent who is allegedly abusing the children. Keep in mind that a court ruling made it possible for you both to have parenting time. You presumably both deserve parenting time. It is the decision of the judge. Consequences and sanctions follow. It follows a parent denying access to the children in defiance of a court order. You are unable to act in the best interests of the child. You are manifesting it by defying court orders and directions. You might already be at odds with the person who makes parenting and custody decisions. That person is no other than the judge in your case.
Neglecting and Abusing of Minor Children.
Child abuse in Michigan. It is sexual abuse. It is sexual exploitation or mistreatment. It can be done by a parent, guardian, or another adult in charge of the child’s upbringing. Any harm to a child’s health or welfare falls under this category. It results from a bodily or mental hurt that wasn’t an accident, as well as from any threat of such harm. A child’s basic needs were not met by a parent, guardian, or another adult. It’s regarded as child neglect. Having access to food, water, clothing, and a secure place to live are among these essentials. Failure to provide a child with the appropriate care and education is an example of this.
Make arrangements. Have someone else watch the children for you. You must arrange this if you are unable to do it yourselves. Parents leaving their child home alone are considered to have abandoned the child. It can be a reason to revoke the parent’s parental rights.
Alienating the Your Co-parent.
Never criticize your co-parent in front of your children. This unnecessarily involves children in your and your ex-spouse’s disagreement. It is bad for their developing psyches and makes the process challenging for them. It might be challenging to control your dissatisfaction and even rage. You must contend with a vengeful spouse or an ex-spouse with malicious spouse syndrome. It is important to maintain emotional control. Although you may be tempted to give in to your feelings and lose control, you must repress the temptation.
Courts are less likely to award custody to a parent who exhibits strong, erratic emotions. Particularly ones like fury. Even if your spouse is irate and spiteful, it is best to refrain from responding in kind. Behaving so is not going to make it any better. It’s going to be worse. One parent’s alienating remarks can also end in emotional estrangement. This is worse because it occurs when a child begins to prefer a parent-free home. The courts have a zero-tolerance policy for this conduct. The court will severely reprimand any parent who engages in it.
You think little of your co-parent. You can think the other parent doesn’t deserve any respect. You must always treat your co-parent with respect. Honorable conduct will help you in the protection of your child. It also allows the court to see why you are the best person to speak on their behalf. It’s not appropriate to disparage or criticize your spouse in front of other people.
Can parenting time be denied to a co-parent?
You are a parent who is considering denying the other parent parenting time. Be aware of the law. The law forbids parents from restricting access to children to the other parent. You must have a valid reason before denying your co-parent access to the children. Parenting time schedules are set. It refers to the amount of time non-custodial parents spend with their minor children. In Michigan, the Circuit Courts are responsible for upholding the parenting time schedule. A parenting time schedule is for all intent a court order. A parenting time court order is based on the Michigan Compiled Laws (MCL) 722.27a. The Child Custody Act of 1970 (Act 91 of 1970), specifies the parenting time schedule.
A Friend of the Court, or FOC, is available to support the Family Court in every county. Typically, the FOC will look into custody and visitation disputes and offer recommendations. The FOC makes recommendations for decisions on child support, parenting time, and custody. In Michigan, you cannot challenge parenting time without a court order. If you refuse the other parent visitation time, you face the risk of being found in contempt of court. In Michigan, you must always have a compelling basis to deny a parent visitation.
Can a child choose not to have parenting time?
Parenting and the parent-child bond are so essential. They are protected by laws, national policies, and state policies. How much time parents spend with their children is out of their hands. It is enforced to keep the family as cohesive as possible. Children under the age of 18 are unable to choose which parent they will live with on their own. Under a custody arrangement, children cannot refuse required visitation. Both parents and children must abide by the guidelines. It is the primary physical custodial parent’s responsibility to persuade a disobedient child to take part in parenting time.
Children do not have the right to decline visitation. Until children become 18, a custody order must be followed to enforce parenting time. Parents and children must adhere to the parenting time schedule. Getting adolescents to do anything they vehemently disagree with may be challenging. Especially as they become older. Consider using mediation services. These services are offered by the Friend of the Court. Or, you can seek out counseling services.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.