Legal issues regarding minor children are especially emotional and stressful for both the parents and the child(ren) involved. These issues are complicated and affect important legal rights. Knowledgeable respected counsel is critical to protecting your interests.

Through the legal process Courts impose decisions about the child(ren)’s welfare, a shift in parental duties, legal/physical custody, child support, and parenting time. These decisions affect minor children in many ways, as a family unit transitions to what will become the “new normal.” Further, once established, changing the results is even more difficult.

Which is why, in this process, it’s critical in advocating for parental rights to carefully and clearly articulate to the Court (and the “Friend of the Court”) what is in the child’s best interests.

Child Custody

There are various types of custody to consider in child custody disputes. The common types include physical and legal custody. Joint Physical Custody typically means the child(ren) will reside alternately for periods of times with each of the parents. Whereas legal custody means that the parents will share decision making authority regarding the child(ren)’s welfare. The focus on child custody disputes is what is in the best interest of the minor child(ren). The Court considers the following factors:

  • The love, affection and other emotional ties existing between the parties involved and the child.
  • The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
  • The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
  • The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
  • The permanence, as a family unit, of the existing or proposed custodial home or homes.
  • The moral fitness of the parties involved.
  • The mental and physical health of the parties involved.
  • The home, school and community record of the child.
  • The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
  • The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
  • Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
  • Any other factor considered by the Court to be relevant to a particular child custody dispute.

The Court typically considers the parents should have joint physical and legal custody of the child(ren). However, there are cases where a parent is awarded sole physical or sole legal custody. Whether you are initiating divorce/separation where minor children are involved, initiating a child custody/parenting time proceeding without or through the Friend of the Court, or if there is a previous Order at issue, we are here to help. It is important to understand your parental rights. Contact our office at (517) 939-1880 to discuss your legal needs.

Child Support

Child Support is a payment made from one parent to the other parent for the benefit of the child(ren). The support typically continues until the child reaches the age of 18 or even 19 under certain circumstances. The Michigan Child Support Formula is used to determine which parent is obligated to pay child support and the amount of child support child must receive. The Court considers the parties’ net income, number of children being supported, and the parenting time arrangement. The Michigan State Disbursement Unit collects child support payments, and the Friend of the Court also offers services to parents regarding support issues. If a parent does not pay child support according to the Order, there may be legal consequences. Child(ren) have a legal right to receive financial support from their parents. The complexities of the child support program may be overwhelming. Whether you need assistance regarding child custody, parenting time, or enforcing a child support order/past due support that’s owed, we are here to assist you in navigating the process. Contact our office at (517) 939-1880 to discuss your legal needs.

Parenting Time

Parenting time is the time that the non-custodial parent (the parent who does not have the child living with them) spends time with the child. Parenting time is often determined based on the best interest factors. It is designed to encourage and strengthen the parent(s) and child(ren) relationship. A child has a right to parenting time with a parent unless it’s shown by clear and convincing evidence that it would endanger the child’s wellbeing. The parents and/or the Court can determine the terms of the parenting time. The Court may consider the following factors when determining the frequency, duration, and type of parenting time to be granted as stated under MCL 722.27a:

  •  The existence of any special circumstances or needs of the child.
  •  Whether the child is a nursing child less than 6 months of age, or less than 1 year of age if the child receives substantial nutrition through nursing.
  • The reasonable likelihood of abuse or neglect of the child during parenting time.
  • The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.
  • The inconvenience to, and burdensome impact or effect on, the child of traveling for purposes of parenting time.
  • Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order.
  •  Whether a parent has frequently failed to exercise reasonable parenting time.
  • The threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has legal custody. A custodial parent’s temporary residence with the child in a domestic violence shelter shall not be construed as evidence of the custodial parent’s intent to retain or conceal the child from the other parent.
  • Any other relevant factors.

It’s important to understand your parenting time rights. Whether you are initiating divorce/separation involving children, need assistance in enforcing a parenting time order, or experiencing other legal issues related to parenting time and custody, we are here to help. Contact our office at (517) 939-1880 to discuss your legal options.

 

Family Law & Divorce