Can I get joint custody of my children?
Michigan has a joint custody law that encourages judges to award joint legal custody to parents. This would mean that both parents would have a right to make decisions concerning such things as their children's education, medical treatment, religious training or enrichment activities.
The court also has the power to award physical custody to one or both parents. This determines where the child actually lives. The parent who does not have the primary physical custody of the children is usually granted "parenting time".
What is "parenting time?"
It is very common for the non-custodial parent to have periods of parenting time consisting of alternate weekends, alternate national holidays, one half of the children's school vacations, and one evening per week. The parents are free to agree on other times to accommodate their schedules, of course.
How does the court determine who gets custody of the children in Michigan?
In making an award of custody between parents the court must consider the best interests of the minor children.
What factors does the court consider in awarding custody?
The following factors are taken from the Michigan Child Custody Act as defining the best interests of the child as the sum total of an evaluation by the court of the following:
- The love, affection and other emotional ties existing between the parties involved and the child.
- The capacity and disposition of the parties involved to give the child love, affection and guidance, and to continue the education and raising of the child in his or her religion or creed, if any.
- The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care and other material needs.
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- The permanence of the family unit of the existing or proposed custodial home or homes.
- The moral fitness of the parties involved.
- The mental and physical health of the parties involved.
- The home, school and community record of the child.
- The reasonable preference of the child if the court considers the child to be of sufficient age to express preference.
- 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.
- Domestic violence - regardless of whether the violence was directed against or witnessed by the child.
- Any other factor considered by the court to be relevant to a particular child custody dispute.
