How is Child Custody Decided in Michigan?

Regardless of the parent’s gender or status, a family law judge is expected to decide custody matters based on what they deem to be the most beneficial for the child’s well-being, upbringing, education, and interests. Several factors may come into play when deciding child custody arrangements, such as either parent’s living environments, a history of domestic violence or substance abuse, a bond shared between parent and child, and more.

A family law court favors joint custody arrangements in most Michigan child custody cases. Joint custody may be preferred as it promotes a continuing relationship between both parents and the child. However, in some Michigan child custody cases, it may be necessary for one parent to seek sole custody of their child.

What is the Difference Between Custody and Parenting Time?

Michigan has two types of child custody: legal and physical. Legal custody refers to having the authority to make important decisions about your child’s medical care, religious upbringing, school and education, and more. On the other hand, physical custody relates to where the child lives and resides. Both physical and legal custody can be granted in sole or joint custody arrangements. In a sole custody arrangement, only one parent has custody. In joint custody arrangements, both parents share some level of custody.

Michigan uses the term’ parenting time’ for the time in which the child spends with either parent when the parents do not live in the same home together anymore. When one parent is granted sole custody of their children, generally, they will have a substantial amount of parenting time with the kids, whereas the other parent has significantly less parenting time. When parents have joint physical custody, it may be difficult or impossible for parenting time to be 50/50 equal, but it is often meant to be as close to equal as possible.

Parenting time can be granted for specific dates and times or outlined as ‘reasonable parenting time.’ Under the reasonable parenting time method, both parents work out parenting plans and schedules as they go without a specific prearranged schedule to follow. Reasonable parenting time arrangements can lead to disagreements, which must be resolved by filing a motion with the judge.

What Factors Are Relevant to Parenting Time?

In most child custody cases, children have the right to be close to both parents. Unless there is clear and convincing evidence of a parent being a danger to the child, judges are likely to believe that both parents should share a certain amount of custody of their children.

If a family law judge deems a parent unfit or dangerous, they may be required to undergo supervised or no parenting time. This can happen in cases involving child abuse, child neglect, and drug abuse.

Family law judges will use the following factors to determine how much time each parent has for parenting time, how long the visits are meant to be, and whether parenting time should be under supervision:

  • History of child abuse or neglect
  • Kidnapping or threatened detention of the child for purposes of concealing the child from the other parent or another individual who has legal custody
  • Past failure to exercise reasonable parenting time
  • The child’s special needs
  • The impact on the child in traveling long distances for parenting time
  • The reasonable likelihood of either parent exercising their parenting time
  • Whether abuse of an adult or other parent is likely during parenting time
  • Whether the child is nursing

Is it Possible for Fathers to Obtain 50/50 Custody of Their Children in MI?

Fathers can obtain 50/50 joint custody of their children in Michigan divorce cases. No law states mothers should receive the majority of parenting time, except perhaps during the period of the child’s life when the child is still nursing.

That said, however, fathers who are pursuing more parenting time and adjusting their child custody arrangements should prepare for challenges. Common challenges may include disagreements and disputes with the other parent, a judge’s preconceived notions about parental roles, and the legal process as a whole.

Fathers seeking to maximize parenting time and a child custody agreement are advised to retain professional legal representation from experienced family law attorneys. Our child custody lawyers would be proud to represent your interests in pursuit of maximum parenting time and a modified child custody arrangement to meet your goals. To learn more about our legal services, please contact our Michigan law firm to schedule your free initial consultation today.

What Are Some of the Dos and Don’ts for Fathers Seeking More Parenting Time?

If there is an established parenting plan, it is important that you stick to it and do everything that is expected of you. Meeting your obligations can go a long way toward convincing a judge that you are well-suited for additional responsibilities and parenting time.

As you plan a parenting time order or begin following through on the order’s instructions, it is important that you collaborate with the co-parent on all details. Collaboration shows that you are reasonable and willing to let the other parent remain an important figure in your child’s life.

Always put the child’s best interests above your own. The law does this, and so must you.

Do not defy or circumvent any court orders. Choosing non-compliance is likely to reflect poorly on your case.

Any new instances of neglect or abuse of children will dramatically hinder your efforts to obtain more parenting time. Similarly, any threats of violence against children or other adults will negatively impact your chances.

It can be tempting to speak ill of your co-parent and disparage them somehow but do not do so in the company of your children or the judge. Causing alienation of the co-parent and your children will reflect poorly on your case.

What Should Fathers Do When They Are Seeking Sole Custody?

Fathers may be able to obtain sole custody of their children if they are the only parent capable of financially supporting them. Additionally, depending on the situation, cases involving child neglect or abuse on the mother’s part could result in the father obtaining sole custody.

The first thing you should do if you are pursuing sole custody is to seek professional legal counsel from experienced child custody attorneys. Our legal team would proudly represent your legal rights in pursuit of a more satisfactory child custody arrangement.

Contact Our Law Firm for a Free Consultation Today

In some child custody cases, lawyers recommend that fathers seek sole custody and then negotiate down from there as they reach a compromise closer to 50/50 custody. We may consider several different legal strategies for your case, largely depending on the unique facts surrounding the proceedings.

To learn more about how we can assist you during this difficult time, please contact our law office to schedule a free strategy session today. You may reach us at 248-290-6675.