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