| When children are involved in divorce proceedings it | | | | State law in Michigan when it comes to child custody |
| can be difficult and emotional for everyone who is | | | | encourages judges to award joint custody to parents |
| involved, which is why the right decision needs to be | | | | so that both parents have a say in the child's or |
| made first time round. | | | | children's education, medical treatment, religion etc. In |
| In order to make the right decision first time round, | | | | joint custody cases that child alternates between |
| courts in Michigan are required to evaluate 'interest' | | | | living at both parents homes. |
| factors by looking at a series of considerations which | | | | Another option that may be thought about is sole |
| are meant to help when it comes to making the | | | | custody. In cases of sole custody the child involved |
| decision. Some of these factors are stated below: | | | | will live with one parent and the other parent will be |
| - The ability and temperament of both spouses when | | | | granted parenting time. This parenting time means |
| it comes to giving the child love, affection, and | | | | that the other parent will gain access to their child at |
| guidance as well as the capability of the parties | | | | alternating weekends, national holidays and one half |
| involved to continue the child's education. | | | | of the child's school vacation as well as in some cases |
| - Can the parties involved provide the child with food, | | | | one evening per week. When the decision of this |
| clothing and medical care? | | | | parenting time is being made the parents are free to |
| - The length of time the child has lived in a stable, | | | | agree on the times and dates so that it fits in with |
| satisfactory environment and the appeal of | | | | both of their schedules. |
| maintaining continuity | | | | The decision of who is granted custody usually |
| - How the family exists as a unit and the moral | | | | comes down to the courts; however the child's |
| strength of the parties who are involved | | | | parents are given the chance to come to an |
| - The mental and physical health of both spouses | | | | agreement about child custody and visitation rights |
| - The home, school, and community record of the | | | | but if they fail to do so then the custody case is |
| child | | | | handed over to the courts where the decision is |
| - The willingness and ability of each of the parties to | | | | made by a judge. |
| aid and encourage a close and continuing parent-child | | | | In most custody cases the decision ends up being |
| relationship between the child and the other parent | | | | handed over to the courts but if you disagree with |
| - Any history of domestic violence, regardless of | | | | the decision that is made by a judge then you may |
| whether the violence was directed against or | | | | appeal the decision. Appeals in domestic relations |
| witnessed by the child | | | | cases go to the Michigan Court of Appeals. |
| When courts are evaluating the above factors, their | | | | If you are currently facing a custody case then it is |
| main concern is that the child or children involved | | | | advised that you consult with an attorney to discuss |
| have their development needs addressed as children | | | | all of the legal issues involved in the case; without |
| cannot legally choose where they want to live until | | | | one you are acting as your own attorney and may |
| they are 18 years old; however the wishes of the | | | | not receive all of the legal information needed to |
| child or children will be taken into account by the | | | | secure your custody case. |
| courts during the custody hearing. | | | | |