Each judge has discretion whether to consider the child’s opinion in a custody dispute. 1 In particular, the Child Custody Act, MCL 722.27a(9) gives a parent exercising parenting time the right and duty to decide all routine matters concerning the child. Jerrad Ahrens licensed in NE and IA only. Find a routine that works for you and your kids and stick to it. Michigan child custody attorneys provide answers to frequently asked questions with regards to Michigan child custody laws. Judges usually interview children in their chambers, away from both parents. Phyllis MacCutcheon licensed in CT and NM only. Visitation and child support are separate entities. Legal custody is the ability to make important life decisions for your child, such as health care, education, child care and general welfare. Ex parte orders are usually entered when the divorce case is filed or in emergency circumstances. This way the court must ensure that the relocating parent is not moving just to defeat the parenting time schedule. A custodial parent is a parent who has the child living with him or her and has primary care, custody and responsibility for the child. A court can enter a temporary order when either party petitions for its entry. Grandparents do not, by default, have custody and visitation rights. The Friend of the Court will issue a recommendation based on information gathered from each parent. FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST. Jerrad Ahrens licensed in NE and IA only. The following table lists the highlights of Michigan child custody laws. Joint custody is defined in the Child Custody Act, MCL 722.26a(7). Joint legal custody gives both parents the right to make these decisions and they should consult with one another before making non-routine decisions. Attorney services are provided by licensed attorneys in every state where Cordell & Cordell offices are located. A Guardian ad Litem can be used in a child custody case if there is a question about the parent’s ability to make decisions that are in the best interests of the child. It is up to the party asking for the modification to present evidence that a change has occurred or that there is proper cause, and that their proposed change is in the best interests of the children. Joseph Cordell, licensed in MO and IL only. The Parental Kidnapping Prevention Act is a federal statute that gives Michigan the ability to enforce custody orders from other states to prevent parental kidnapping. The court must consider whether opposition to the move is based on a desire to secure financial advantage. In Michigan, all child custody decisions must be in the best interests of the children. This formula uses both parents’ incomes, the number of overnight visits each parent has with the child per year, and the child care and health care expenses each party pays to determine how much child support is needed. The court must look at the parenting situation before the divorce or custody case was filed. You should use care when collecting evidence to ensure that you are not violating any laws. Obey every court order, even if you do not agree with it. The other parent may or may not have parenting time or visitation rights. When a child testifies, the goal is to minimize any harm that can be done to them. Michigan child custody laws recognize grandparent visition rights and allow the option of joint custody. All custody is slightly impacted by provisions on parenting time (Child Custody … An initial custody determination will be made by the Friend of the Court early in the case. In Michigan, it is the job of the Friend of the Court to investigate and make recommendations on child custody, parenting time and support. The Michigan Child Custody Act presumes it is in the best interests of a child to have a strong relationship with both parents. Not usually. The amount of child support will depend on the numbers input into the formula. Office in Ridgeland, MS. The court must also consider any domestic violence. Lisa Karges, Florida Resident Partner - Tampa, FL. Child custody can be modified if there is proper cause or a change in circumstances. The most common temporary orders are for support (child or spousal) and for child custody. CORDELL & CORDELL, ST. LOUIS, MO. In Michigan, there are two types of custody: legal and physical. At any time, either party can petition the court to turn the JSM into a Judgment of Divorce, ending the marriage between the parties. Michigan child custody attorneys provide answers to frequently asked questions with regards to Michigan child custody laws. Temporary orders are extinguished when a new order or a final order is entered. In Michigan, it is a crime for an adoptive or natural parent of a child to take the child, or retain the child for more than 24 hours, with the intent to detain or conceal the child from the other parent who has parenting time rights, the adoptive parents, or any other person in charge of the child at the time of the taking. The modification must be in the best interests of the children. If the parent seeks to move out of state, the relocating parent must get permission from the other parent or the court. If visitation or parenting time was established under a court order, you could be held in contempt for not allowing the visitation. In some cases, the support amount can vary from the support guidelines if both parties agree. The court can adopt one party’s proposed custody arrangement or order any custody arrangement it feels is in the child’s best interests. Parental kidnapping is a felony punishable by up to 1 year in jail and/or a fine of up to $2,000. Yes, but there has to be a reason to do so. The courts can only order supervised or no parenting time if there is a concern over the safety and well being of the child during the parenting time. No. A child’s preference can be considered when they are of the age and maturity the court finds sufficient to express a reasonable preference. The content of a temporary order will vary depending upon the information the judge has at a hearing for entry. A child custody case can usually be decided without subjecting the child to the court process. Courts in Michigan use 12 factors called the best interest factors to determine what custody arrangement is in the best interests of the child/children involved. Supervised parenting time should only be used when other, less restrictive methods of ensuring the child’s well-being cannot be used. Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. The most important thing to know is the law. You have to bring information to court that will show the judge it is in the children’s best interests to spend as much time as possible with you. Sole physical custody means that the child resides with only one parent. Some judges do not even allow attorneys to be present. Joint physical custody allows the child to retain a residence with both parents, usually with one parent being the primary custodian and the other parent having parenting time on a set schedule.