Joseph Cordell, licensed in MO and IL only. The parties can also negotiate a child custody agreement, and the judge will adopt it if he/she finds it is in the best interests of the children. All custody is slightly impacted by provisions on parenting time (Child Custody … The Michigan Child Custody Act presumes it is in the best interests of a child to have a strong relationship with both parents. If visitation or parenting time was established under a court order, you could be held in contempt for not allowing the visitation. No. The most common temporary orders are for support (child or spousal) and for child custody. You should carefully review the best interest factors and be able to present evidence that supports you having custody for each factor. The court must determine the degree to which each parent has complied with court orders and utilized their parenting time. THIS IS AN ATTORNEY ADVERTISEMENT. The court has to make a determination if there is an established custodial environment with either parent or both parents. The factors a judge considers are: In order to get more parenting time with your children you have to show the court that you can handle the time and that you are genuinely interested in raising your children. Not usually. Visitation, called parenting time in Michigan, is court-ordered time for each parent to enjoy with their children. A parent petitioning for a child’s name change must notify the other parent and any interested parties and allow them an opportunity to object to the name change at a hearing. Some judges do not even allow attorneys to be present. An established custodial environment is a physical and a psychological environment that develops over an appreciable time and significant duration. This way the court must ensure that the relocating parent is not moving just to defeat the parenting time schedule. A JSM allows the parties to resolve the property, custody and support issues, but does not provide for them to be divorced. 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. It is important to have a default parenting plan to fall back on if disagreements occur. A child custody case can usually be decided without subjecting the child to the court process. Fathers have an uphill battle in most courts, but the battle can be fought and won with proper preparation by the father and his attorney. Michigan child custody attorneys provide answers to frequently asked questions with regards to Michigan child custody laws. Child support is almost always awarded to the parent who has the most overnight visits. The court must also consider any domestic violence. Supervised parenting time should only be used when other, less restrictive methods of ensuring the child’s well-being cannot be used. Office in Ridgeland, MS. You should consult with your attorney to determine what type of evidence will be necessary for your specific case. The following table lists the highlights of Michigan child custody laws. In Michigan, a child’s preference is just one of twelve factors the judge will consider; a child cannot just decide to live with one parent. At any time, either party can petition the court to turn the JSM into a Judgment of Divorce, ending the marriage between the parties. These orders are meant to give the parties and their children structure and financial support during the pendency of a divorce. Physical custody refers to the actual physical residence of the child. Sole legal custody gives one parent all decision-making responsibilities. Each judge has discretion whether to consider the child’s opinion in a custody dispute. Lisa Karges, Florida Resident Partner - Tampa, FL. Jerrad Ahrens licensed in NE and IA only. At the trial, each party can present evidence regarding why their proposed custody arrangement is in the best interests of the child. Before your custody trial, get as involved with your kids as you can, and document everything you do. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. CORDELL & CORDELL, ST. LOUIS, MO. Legal custody is the ability to make important life decisions for your child, such as health care, education, child care and general welfare. The Friend of the Court will issue a recommendation based on information gathered from each parent. The Michigan Child Support Formula usually awards child support to the parent who has the most parenting time. When a child testifies, the goal is to minimize any harm that can be done to them. Lisa Karges, Florida Resident Partner - Tampa, FL. Phone and Virtual Consultations Available! Child support in Michigan is calculated using the Michigan Child Support Formula. If the parent seeks to move out of state, the relocating parent must get permission from the other parent or the court. Although the statutes are written gender neutral, and the Child Custody Act presumes it is in the best interests of the child to maintain a relationship with both parents, many courts still award primary custody to the mother. The court must consider whether opposition to the move is based on a desire to secure financial advantage. The party seeking to get the order entered must allege sufficient facts for the judge to find that imminent danger or harm could occur in the time it would take to give notice to the other party. The terms of the JSM can be rolled into the Judgment of Divorce. The most important thing to know is the law. However, if the child would like to voice his or her opinion or is needed to testify about a specific occurrence, the child can be required to attend a court hearing. 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. The UCCA helps eliminate legal conflicts when custody issues cross state boundaries, such as when a non-custodial parent moves out of the state. In Michigan a separation agreement is called a Judgment of Separate Maintenance (JSM). However, grandparents can petition the court for these rights in very limited circumstances: with the consent of the parents during or after a divorce; if the child was born of wedlock, paternity has been established, and the father is paying child support; if legal custody of the child has been given to someone other than a parent; if the grandparent had custody of the child within the last year; or if the grandparent’s child (the parent of the grandchild) is deceased.