Child Custody

In Michigan, there are two types of custody.  “Legal Custody” refers to making major decisions about a child’s life, such as where they go to school, or whether they get an ear operation.  If the parents have Joint Legal Custody, then they should consult with each other before making major decisions about their child/children.  If a parent has Sole Legal Custody (which is rare), then that parent does not have to consult with the other parent.  “Physical Custody” refers to where the children spend most of their time.  A common “Sole Physical Custody” situation is where one parent has the children during the week, and the other parent has the children every other weekend, one night during the week, and several weeks every summer.  Some common “Joint Physical Custody” situations are where the parents have the kids “week-on / week-off,” or where one parent has the kids primarily during the school year, and the other parent has the kids primarily during the summer.

When determining custody, a Court must look at and make a ruling on each of the “best interest” factors, which are:

1. The love, affection, and other emotional ties existing between the parents and the child/children.
2. The capacity and disposition of the parents to give the child/children love, affection, and guidance, and to continue the education and raising of the child/children in his or her or their religion or creed, if any.
3. The capacity and disposition of the parents to provide the child/children with food, clothing, medical care or other remedial care recognized and permitted under the laws of Michigan in place of medical care, and other material needs.
4. The length of time the child/children has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
5. The permanence, as a family unit, of the existing or proposed custodial home or homes.
6. The moral fitness of the parents involved.
7. The mental and physical health of the parents involved.
8. The home, school, and community record of the child/children.
9. The reasonable preference of the child/children, IF the court considers the child/children to be of sufficient age to express a preference.
10. The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child/children and the other parent.
11. Domestic violence, regardless of whether the violence was directed against or witnessed by the child/children.
12. Any other factor considered by the court to be relevant to a particular child custody dispute.

Attorney Matt Catchick has been successfully litigating custody disputes for over 17 years.  He has a wealth of experience as both a family law lawyer, and a proud parent of two children, to achieve your goals.  Call or e-mail Matt today for a free initial office consultation to discuss how Matt can maximize your time with your children.

Catchick Law, PC. Personal service. Proven results.