A Quick Guide to Custody Determination in Michiagn

Understanding the Intricacies of Child Custody: Essential Issues and Influencing Factors

1. Decision-Making Authority: Who has the authority to make significant decisions for the child?

2. Order Enforcement: Making sure court orders are adhered to and respected.

3. Grandparent Visitation: Examining grandparents' visitation rights and their meaningful connection with the child.

4. Parenting Time Allocation: How to establish a fair and balanced schedule for both parents to enjoy quality time with the child.

5. Custody and Visitation Order Modifications: Adjusting custody or visitation arrangements to accommodate changing circumstances.

6. Visitation Rights: Ensuring both parents have equitable opportunities to share special moments with their child.

Physical vs Legal Custody- What's the Difference?

Michigan law distinguishes between two key aspects: physical custody and legal custody, each carrying its own significance and implications.

Physical Custody: Residence

Physical custody involves where your child resides and who provides daily care, including making routine decisions.

Sole Physical Custody: One parent primarily acts as the main caregiver, with the child mainly living with them. The other parent usually has visitation rights to spend time with the child.

Joint Physical Custody: Both parents share the responsibility of physically caring for the child. Though it may not be an exact 50/50 division, the child spends substantial time with each parent.

Legal Custody: Decision-Making

Legal custody is crucial in making important decisions that impact a child’s life, including choices about education, healthcare, and religious upbringing.

There are two forms of legal custody:

Sole Legal Custody: One parent has the sole authority to make major decisions regarding the child's upbringing.

Joint Legal Custody: Both parents share the decision-making responsibilities, requiring strong communication and cooperation.

Michigan courts favor arrangements that enable the child to maintain a strong bond with both parents unless certain factors threaten the child’s well-being. Ultimately, the court system bases its decisions on the child's best interests.

The guidelines for determining sole vs joint custody can be found Here.