Everything there is to know about Michigan Child Custody Laws.

On of the most prolific family law topics relates to child custody and in this article, we will cover more Michigan Child Custody Laws than anyone.  Everything from the basics, to the complex.  In this post we will review everything we have published on the topic of Michigan Child Custody Laws.

Michigan child custody resource center

Our Michigan Child Custody resource center provides a summary of the statutes, case law and common law rules addressing Michigan child custody and includes a video on the topic.

Child Custody in Michigan resource center with video

Types of custody – Legal and Physical Custody

Michigan child custody laws define two types of custody in Michigan.  Legal custody and physical custody.  Legal custody involves major decisions concerning the child’s welfare.

Joint legal custody in Michigan

Physical custody traditionally described which parent was awarded the majority of parenting time.  However, the term physical custody has fallen out of favor under Michigan divorce and custody laws.

What happened to physical custody in Michigan?

Physical custody in Michigan

Michigan Child Custody Laws when you cannot agree on custody

When parties cannot agree on child custody, Michigan child custody laws require a court to decide who is awarded custody.

Michigan legal custody – What to do when you cannot agree?

The Established Custodial Environment

Michigan child custody laws first requires a consideration of the existence of an established custodial environment in every child custody case.

Why is the established custodial environment so important in Michigan child custody cases?

The established custodial environment is important because it determines the burden of proof required in deciding who is awarded custody.

The burden of child custody – burden of proof case law

Best Interest of the Child

After determining the existence of an established custodial environment, the court will examine the twelve statutory best interest factors under Michigan child custody laws.

Best interest of the child in Michigan

  • Best interest of the child factor (a) examines the love, affection and other emotional ties existing between the parties involved and the child.

Custody in Michigan – Best interest of the child factor (a)

  • Best interest of the child factor (b) examines the capacity and disposition of the parties involved to give the child the love, affection, guidance, and continuation of educating and raising of the child in its religion or creed, if any.

Custody in Michigan – Best interest of the child factor (b)

  • Best interest of the child factor (c) examines the capacity and disposition of the parties involved to provide the child with food, clothing, medical and other remedial care.

Custody in Michigan – Best interest of the child factor (c)

  • Best interest of the child factor (d) examines the length of time a child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

Custody in Michigan – Best interest of the child factor (d)

  • Best interest of the child factor (e) examines the the permanence, as a family unit of the proposed custodial home or homes.

Custody in Michigan – Best interest of the child factor (e)

  • Best interest of the child factor (f) examines the moral fitness of the parties.

Custody in Michigan – Best interest of the child factor (f)

  • Best interest of the child factor (g) examines the mental and physical health of the parties involved.

Best interest of the child factor (g) – The parties health

  • Best interest of the child factor (h) examines the home, school and community record of the child.

Custody in Michigan – Best interest of the child factor (h)

  • Best interest of the child factor (i) considers the reasonable preference of a child, provided, the child is of sufficient age to express a preference.

Best interest of the child factor (i) – “I want to live with . . .”

Michigan child custody law – can a child choose who to live with?

  • Best interest of the child factor (j) examines the willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents;
  • Best interest of the child factor (k) examines domestic violence, regardless of whether the violence was directed against or witnessed by the child;
  • Best interest of the child factor (l) examines any other factor considered by the court to be relevant to a particular child custody dispute.

Custody modification

We produced a video and resource center on the child custody laws in Michigan that specifically address how to change custody in Michigan.  The first requirement under Michigan child custody laws is to demonstrate proper cause or a change of circumstances.

When Circumstances Change – Michigan Family Law Journal

After a determination of proper cause or a change in circumstances, Michigan child custody laws provides the court proceed in a manner similar to a contested child custody case.

How to change custody in Michigan

Child Custody Tests

Are you ready to take the test?  In many Michigan Child Custody cases, a professional child custody evaluation is administered to help address the requirement under the Michigan Child Custody Laws to evaluate the twelve statutory best interest factors.  While most child custody evaluations are accomplished with the assistance of the Friend of the Court, it is not uncommon to use an independent professional to conduct a child custody evaluation.

Child custody evaluation video – Are you ready to take the test?

Want to know if Michigan child custody law allow a child to choose who to live with?

Child custody appeals

Michigan child custody laws provide a remedy in circumstances when the trial court makes a bad decision.  The remedy is a child custody appeal.

Child custody appeal – What you can do if the court got it wrong.

The relationship between child custody and child support.

Michigan child custody laws define a close relationship between an award of child custody and child support.

The relationship between custody and child support in Michigan

Michigan Child Custody, Child Support and Parenting Time (Visitation) video

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I have been exclusively practicing divorce and family law in Michigan for over two decades.  The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles.  We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances.

That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.

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By:  Daniel Findling

Summary
Everything there is to know about Michigan Child Custody Laws.
Article Name
Everything there is to know about Michigan Child Custody Laws.
Description
A comprehensive summary of Michigan child custody laws from the basics to the fine details. Articles and videos are included addressing both the general and technical aspects of Michigan child custody laws.
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Findling Law, PLC
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