Child Custody Attorneys

How Child Custody Works in Michigan

Having helped thousands of Michigan families with their custody issues, the family law attorneys at Heath & Kolomjec want anyone facing these situations to understand the most important aspects of child custody in Michigan.

First and foremost, it’s important to recognize that Michigan courts make decisions that favor the best interests of the child. This includes a list of factors that guide a court’s decision on each matter.

These guiding factors include the emotional ties between each parent, the parents’ ability to successfully guide and educate the child, as well as caring for their material needs.

Additionally, child custody can only be granted to parents who are legally married when the child is born. Otherwise, an unmarried mother is automatically the legal parent.

If a biological father wants custody rights to his child born out of wedlock, he must take specific steps to establish paternal rights before he can even participate in discussions concerning custody, parenting time, and child support.

Legal and Physical Custody

Michigan law recognizes two types of child custody: legal custody and physical custody.

Legal Custody

This refers to a parent’s ability to make important decisions about the child’s life. This can include their education, healthcare, and religious upbringing.

Legal custody can be sole (one parent has decision-making authority) or joint (both parents share decision-making responsibilities).

Physical Custody

This determines where the child resides and which parent provides daily care. Physical custody can also be sole (the child primarily resides with one parent) or joint (the child spends substantial time with both parents).

Joint physical custody does not necessarily mean equal time, but rather a shared arrangement that serves the child’s best interests.

Because Michigan courts want what’s best for the child, they generally favor joint legal custody to provide both a mother and father to be a part of a child’s life. However, there may be compelling reasons to grant sole custody, such as domestic violence, substance abuse, or an inability to co-parent effectively.

The family law attorneys at Heath & Kolomjec have helped countless parents negotiate custody arrangements that serve the best interests of their children.

Our legal help includes assistance with legal custody arrangements that grant you the right to make important decisions about your child’s upbringing, as well as physical custody to ensure you get to spend as much time as possible with your child.

Parenting Time (Visitation)

Parenting time, also known as visitation, refers to the schedule surrounding how much time a non-custodial parent spends with their child.

It’s important to note that Michigan law encourages both parents to have a strong relationship with the child, as that is in the child’s best interests.

As a result, having experienced family law attorneys like those at Heath & Kolomjec can be a crucial asset when it comes to ensuring you are awarded parenting time with your children.

Here are some of the most important factors surrounding parenting time:

Standard Parenting Time Schedules

Courts often establish standard schedules, but parents may agree on their own arrangement. Common schedules include alternating weekends, midweek visits, extended time during summer, and shared holidays.

Long-Distance Parenting Time

When parents live far apart, the court may allocate extended time during school breaks and holidays to balance parenting time.

Supervised Parenting Time

If a parent poses a risk to the child’s safety due to factors like abuse or addiction, the court may order supervised visits, meaning another adult must be present during parenting time.

If you need legal help protecting the time you spend with your child, then let our attorneys establish fair parenting time schedules that promote a stable life for your family.

Child Custody Disputes & Modifications

No one loves their child like their parents. As such, most parents struggle to follow a custody arrangement that governs when they get to see their children, which can often lead to disputes surrounding a custody order.

If parents cannot reach an agreement, the court steps in to make a decision based on these factors outlined in Michigan Law 722.23:

• The emotional ties between the child and each parent
• Each parent’s ability to provide for the child’s physical, emotional, and educational needs
• The stability of each parent’s home environment
• The moral fitness of each parent
• Any history of domestic violence or substance abuse
• The child’s reasonable preference (if the child is of sufficient age and maturity)

However, a modification to a custody order can be requested if there has been a substantial change in circumstances. Modifications must be approved by the court, and the requesting parent must demonstrate that the change will benefit the child.

Common reasons for custody modifications include:

• A parent’s relocation that significantly affects the current arrangement
• Changes in the child’s needs or best interests
• A parent’s inability to comply with the existing custody order
• Evidence of abuse or neglect

If disagreements have surfaced when establishing your parental rights, visitation, or other matters, let Heath & Kolomjec help. Our child custody attorneys can advocate for your rights in and out of court, as well as assist in modifying custody agreements when circumstances change.

Parental Relocation

A parent who wants to relocate after a custody order is in place needs court approval under Michigan law if the proposed move is more than 100 miles from the child’s current residence, or if the move is out of state.

The parent seeking relocation must file a motion and provide a valid reason for the move. The court considers several factors before granting approval, including:

• Whether the relocation improves the quality of life for the child and the moving parent
• The impact on the non-moving parent’s ability to maintain a relationship with the child
• Whether the move is being proposed in good faith
• Whether modifications to parenting time can reasonably preserve the parent-child relationship

If both parents agree to the move, they may submit a stipulated agreement to the court for approval. If the non-moving parent objects, a court hearing will determine whether the move is in the child’s best interests.

If this is the situation you’re facing, then trust Heath & Kolomjec to help. We’ll provide skilled legal representation for parents seeking or contesting relocation requests.

Let Our Attorneys Help You Protect Your Family

Navigating child custody and parenting time requires a strong understanding of Michigan law and a strategic legal approach.

Whether you are negotiating a custody arrangement, seeking modifications, or facing a relocation dispute, having an experienced family law attorney can make a significant difference in the outcome of your case.

The family law attorneys at Heath & Kolomjec are ready to use their six decades of combined legal experience to help you navigate these complex situations and achieve the results you deserve.