Custody in Michigan

Child custody laws in Michigan

Michigan child custody laws provide a two-step process for determining child custody. The first step determines the existence of an establish custodial environment which determines the burden of proof required. The second step examines the best interest of the child factors which must be examined by the court applying the applicable burden of proof.

Custody in Michigan

Child custody steps

The first step is a threshold question which asks, what has changed since the entry of the last court order under Vodvarka; The second step requires determining the existence of an established custodial environment and the burden of proof. The third step is to apply the best interest factors using the appropriate burden of proof.

custody
legal residence

How far away can you move after a divorce with a minor child?

There are two legal restrictions on how far you can move after a divorce with a minor child. First, MCL 722.31(1) prohibits a parent from moving after divorce with a minor child to another home more than 100 miles (as the crow flies) from your current residence without court permission. However, MCL 722.31(2) provides that this restriction does not apply if a parent is awarded sole legal custody. Second, Michigan Court Rule 3.211(C)(1) prohibits a parent from moving outside of the State of Michigan without approval from the Judge who awarded custody.

Custody in Michigan

Michigan custody laws – the videos

Michigan child custody law can be complex but don’t worry. We make it easy to help you understand this area of the law with the Michigan Divorce Education Series of videos on custody.

Custody in Michigan
Custody in Michigan

The role of the custodial parent in Michigan Divorce.

The phrase custodial parent is not defined in Michigan divorce or custody law. However, the term has evolved to mean the parent that is awarded the majority of parenting time in a specific Michigan divorce or custody case. Michigan statutes and case law have defined two types of custody in Michigan. Legal custody and physical[…]

blank

A failed challenge to an expert Child custody and parenting time evaluation

On February 12, 2019, the Michigan Court of Appeals decided the custody and parenting time case of Amy Oglive v. Eric Oglive.  In this case, the trial court ordered the parties to participate in a psychological evaluation to address concerns of custody and parenting time. Eric was incarcerated when the parties divorced in 2012 and[…]

Change custody in Michigan

How to change custody in Michigan? The checklist

Figuring out how to change custody in Michigan can be complicated.  To make things less complicated, we created the “How to change custody in Michigan checklist” to help you navigate the process. How to change custody in Michigan – The checklist. You cannot just show up to court anytime you want to change custody in[…]

Physical Custody defined

A car accident defines physical custody in Michigan (finally).

The phrase “physical custody” has a troubled history and future in Michigan.  In fact, the “physical custody” is also viewed by many as politically incorrect.  After all, who wants to think of a parent having physical custody of a child. The future of the phrase also seems at risk as many Michigan divorce and custody[…]

blank

Child abduction by a parent is a crime in Michigan

Custody in Michigan – Child abduction law in Michigan Child abduction by a parent is a felony Michigan which means it is punishable by more than 1 year in prison.  The Michigan Penal Code Act 328 of 1931 can be found in MCL 750.350a and is commonly known as the Parental Kidnapping Prevention Act.  […]

Custody in Michigan

What happened to physical custody in Michigan?

What happened to physical custody in Michigan? When I began practicing divorce law almost 20 years ago the phrase “physical custody” in Michigan had specific meaning.  The phrase physical custody in Michigan identified which parent a child spent the majority of the time.  The other parent had “parenting time’.   Things have changed.  Now almost 20[…]

UCCJEA

The UCCJEA in Michigan: Transferring custody to Michigan

The UCCJEA in Michigan:  Transferring and enforcing an out of state custody determination The Uniform Child Custody Jurisdiction Act (“UCCJEA in Michigan”) provides that the home state of a child has exclusive and continuing jurisdiction for child custody litigation.  So what happens if the home state of the child changes? For example, if the parents[…]

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

Custody in Michigan – Best interest of the child factor (f) Best Interest of the Child Factor :      One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (f).                              Best[…]

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

Custody in Michigan – Best interest of the child factor (e) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (e). Best interest of the child factor (e) examines the permanence, as a family unit of the proposed custodial home or homes.  Best interest[…]

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

Custody in Michigan – Best interest of the child factor (d) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (d).  Best interest of the child factor (d) examines the length of time a child has lived in a stable, satisfactory environment, and[…]

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

Custody in Michigan – Best interest of the child factor (c) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (c) is .  Best interest of the child factor (c) examines the capacity and disposition of the parties involved to provide the child[…]

blank

Parenting time bracket

Parenting time bracket By:  Daniel Findling (c) 2015 Most people are familiar with a sports bracket but what about a parenting time bracket?  A sports bracket often accompanies a tournament and is a tree diagram matching different teams in a tournament such as the NCAA basketball tournament. A parenting time bracket can be used to[…]

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

Custody in Michigan – Best interest of the child factor (b) One of the twelve “best interest of the child” child custody factors set forth in the Child Custody Act is best interest of the child factor (b).  Best interest of the child factor (b) examines the capacity and disposition of the parties involved to[…]

Kids and divorce

Child Custody in Michigan – Do not make it the kids fault.

Child Custody in Michigan – Do not make it the kids fault. A divorce or custody in Michigan case impacts more than the parents.  It impacts the children.  In times of change, it is important to protect children from a pending divorce or custody in Michigan case.  Parents should remember that a divorce or custody[…]

Attachment theory

Attachment theory and Custody in Michigan

Attachment theory describes the emotional bonds a child develops to other people and the impact the bonds have on development. Attachment theory in psychology originates from a London psychiatrist named John Bowlby and his treatment of emotionally abused children.  In 1958, Dr. Bowlby developed the notion that early separations of a child with their mother[…]

Call Now Button