When parents divorce or separate, a decision needs to be made about where their child's primary household will be and which parent will be their primary caregiver. The Michigan family law attorneys at Bebout, Potere, Cox & Bennion, P.C., know how advocate for and negotiate for a child custody and parenting time arrangement that is in your children's best interests.
What is Included in a Child Custody Case?
Whether you are addressing child custody as part of a divorce, or are an unmarried parent filing a Complaint for Custody, you can ask the Michigan family courts to resolve child-related disputes including:
- Establishment of parentage (formerly paternity)
- Child Custody
- Parenting time schedules (when each parent exercises visitation)
- Child support
- Health insurance coverage
- Tax dependency claims
- Childcare costs
- Private school tuition
- Extraordinary medical expenses
Types of Child Custody
The idea of “child custody” includes several overlapping terms you should know when you enter a child custody dispute:
- Legal custody: Decision-making authority over the child's health, education, religion, and well-being
- Physical custody: Where the children will spend their time on a day-to-day basis
- Sole custody: When one parent is given exclusive control. (This can be sole legal custody, sole physical custody, or both.)
- Primary physical custody: When the children reside with one parent most of the time (most often during school days), but spend time with the other parent as well
- Joint custody: When both parents share authority and responsibilities related to the children. (This can be joint legal custody, joint physical custody, or both)
In most cases, joint custody arrangements are preferred because they offer the best chance at preserving important family relationships with both parents. However, in cases involving domestic violence, parental relocations out of state, or other circumstances, sole custody may be appropriate or even necessary to protect the best interest of the children.
How to Negotiate a Custody and Parenting Time Arrangement
Parents can negotiate custody arrangements through mediation or collaborative law, instead of going to trial. Most often, the best custody and parenting time schedules come from the parents themselves, since you know your children and their needs better than anyone. If you can agree on a custody and parenting time arrangement, your Michigan family lawyer can put it in writing, transforming your agreement into an enforceable court order.
How Michigan Courts Decide Custody Disputes
If you file a complaint for child custody in the Michigan courts, the first thing the judge will do is evaluate whether the children have an established custodial relationship with one or both parents. That means if you are trying to restrict access to a parent who has been actively involved in a child's life, it will be up to you and your family lawyer to make a strong case for why that change is necessary.
The judge is then required to resolve that dispute by applying the 12 “best interest factors”. These factors cover everything from medical care and housing to the facilitation of parent-child relationships and parents' moral and physical fitness. They also include your children's home, school, and community records, and, if they are old enough, their preferences as well.
There are additional factors the Court can use in deciding an appropriate parenting time schedule. If necessary, there are also conditions that can be placed on parenting time to protect children while in the care of parents whose past or current circumstances put them at risk. For example, a Court can order that a parent refrain from using alcohol, marijuana, or controlled substances during parenting time, order them to complete parenting classes, or even (in severe cases) require supervision of any time spent with the children.
Enforcing and Modifying Custody and Parenting Time Orders
Once the Court enters an initial custody and parenting time order, it must be followed until a new order is entered to modify it. Sometimes, issues can arise after the final order is entered if one or both parents are not honoring the arrangement. This may include:
- Failing to return a child at the end of visitation
- Parenting time denials
- Withholding information from a joint legal custodian
- Making unilateral decisions about the child's care
- Taking the child out of state (including unauthorized parental relocations)
When that happens, you can file a post-judgment motion to enforce the order, asking the Court to ensure its instructions are followed. However, if you have found that the order is no longer in the child's best interest due to a change in circumstances, you can also ask the Court to modify child custody and parenting time by filing a motion with the Court.
How Does Child Support Relate to Custody and Parenting Time?
When the Michigan Courts enter a custody order, they must also enter a uniform child support order controlling how each parent will contribute to the child's living expenses. The amount of support is typically determined by state guidelines and may be influenced by the parents' incomes and parenting time arrangement.
Custody Issues Concerning Military Families
Military service members can face especially complicated child custody issues. When an active-duty service servicemember is reassigned it can result in a parental relocation and disruptions to the existing parenting time schedule. If you are an service member and are deployed or on active duty that prevents you from attending court, you need a Michigan family law attorney who understands the federal and state protections for military parents. We can walk you through the process of getting a custody agreement modified to meet the needs of the family.
Get Help Establishing Child Custody and Parenting Time from a Michigan Family Lawyer
At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help you establish, enforce, or modify a child custody and parenting time arrangement that is in your children's best interest. Call us at 248-651-4114 or contact us here to speak to an attorney.