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.
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.
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.
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.
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.
The established custodial environment is important because it determines the burden of proof required in deciding who is awarded custody.
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 factor (a) examines the love, affection and other emotional ties existing between the parties involved and the child.
- 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.
- 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.
- 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.
- Best interest of the child factor (e) examines the the permanence, as a family unit of the proposed custodial home or homes.
- Best interest of the child factor (f) examines the moral fitness of the parties.
- Best interest of the child factor (g) examines the mental and physical health of the parties involved.
- Best interest of the child factor (h) examines the home, school and community record of the child.
- 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 (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.
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.
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.
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.
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.
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.
About Findling Law
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By: Daniel Findling