Custody Attorneys for Women
Child custody disputes can be stressful and emotionally taxing and frequently make the divorce process drag on for longer than needed. Since both parents have the upmost concern about protecting their relationship to their kids, court proceedings regarding custody, child support, and visitation can become contentious and complicated.
Child custody laws in Michigan distinguish between physical and legal custody of a child. Legal custody refers to the responsibility to make the important decisions in the kids life, such as health care, religious upbringing, and education. Physical custody, on the other hand, refers to where a minor will primarily live.
When a couple seeks a divorce, the custody agreement is usually integrated in the divorce decree which names the parent who will have physical custody, how visitation will be arranged, and who will provide financial support. Often, the custodial parent will share joint legal custody with the noncustodial parent, and the custodial parent will be required to consult with the noncustodial parent about the childs key life decisions.
An experienced Michigan child custody lawyer from the Schulman Family Law Group can help minimize the emotional stress of the children. Our attorneys respect the value of the child maintaining healthy relationships with both parents, and work to aid our clients in coming to feasible agreements which support the happiness of all concerned.
SIX MONTH WAITING PERIOD
Custody is perhaps the most complex aspect of family law and the most important. It is almost always the first issue that is addressed by the courts in Michigan. In fact, a divorce with any minor children requires that the parties wait six months from the date the case is filed until a judgment can be entered. This six month period, however, can be shortened to as little as sixty days if all issues are resolved and the judge agrees to waive the six month waiting period and if it is in the best interest of the child(ren).
According to MCL 552.9(f), in cases of unusual hardship or such compelling necessity as shall appeal to the conscience of the court, upon petition and proper showing, it may take testimony at any time after the expiration of 60 days from the time of filing the bill of complaint.
EX PARTE INTERIM ORDERS REGARDING CUSTODY, PARENTING TIME and SUPPORT
When a divorce is filed, the court will anticipate an attorney presenting an interim order for the court to enter. If the parties are living together, a status quo order can be presented that will order the parties to essentially do what they have been doing during the marriage. However, if the parties are separated and one party moves out of the marital home, the court can enter an interim order setting forth custody, parenting time and child support. It is very important that an experience lawyer know who to draft these orders and that they are properly entered.
Michigan Rule 3.207 allows an attorney to present an Ex Parte Interim Orders for Support, Custody of Children and Attorney Fees
MUTUAL INJUNCTIVE ORDERS RE: PROPERTY
The lawyers at the Schulman Family Law Center have extensive experience with drafting and presenting Ex Parte Interim Orders for Custody, Parenting time and Child Support as well as Orders to freeze the marital assets otherwise known as Mutual Injunctive Orders Re: Property Transfer.
Again, the lawyers at the Schulman Family Law Center have extensive experience drafting Injunctive Orders and the best manner of preserving the marital assets to avoid one party from taking or removing or spending marital assets.
LEGAL AND PHYSICAL CUSTODY:
The Court can order different custody arrangements. Parties can agree to a custody arrangement and the court will usually sign the court order for the arrangements if the court is convinced the agreement is in the best interests of the child. The following are descriptions of various custody arrangements.
In most cases, the court will award the parties joint legal custody. However, on occasion a court may order one party to have SOLE CUSTODY: Sole custody typically occurs when primary physical custody and legal custody are given to one parent. Physical custody is when a parent provides most of the day to day care for the child. Legal custody is when a parent has the responsibility of making all major decisions regarding the childs upbringing (such as medical treatment, school enrollment, religious instruction, and participation in extracurricular activities).
If the court believes the parents cannot work together for the benefit of their child, sole custody is usually awarded to one parent. The other parent may be given parenting time, as determined by the court. If parenting time is ordered, the non-custodial parent is responsible for making routine and emergency decisions for the child during parenting time.
JOINT CUSTODY:
At the request of either parent, the court must consider ordering joint custody. If the parents agree on joint custody, the court must order it unless the court determines that joint custody is not in the best interests of the child. When deciding, judges must state on the record their reasons for
granting or denying the request. Judges may consider joint custody without a parents request. In addition to the normal factors considered when deciding custody, with joint custody judges must also consider whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child.
The statute defines joint custody in a way which provides for joint legal custody, joint physical custody, or a combination of joint legal and joint physical custody. THE FOLLOWING ARE 2 TYPES OF JOINT CUSTODY:
JOINT LEGAL CUSTODY
Joint legal custody means that parents share decision-making authority as to the important decisions affecting the welfare of the child.
Joint custody does not depend on the amount of time the child is with each parents care and custody.
The lawyers at the Schulman Family Law Center are very familiar with the issues of custody; both legal and physical and have represented clients in Wayne County, Oakland County, Macomb County and various Circuit Courts throughout the State of Michigan before judges, Friend of the Court Referees, mediators and arbitrators on the issues of custody.
The Lawyers at the Schulman Family Law Center often include the following language in many of the orders as it relate to the issue of legal custody:
IT IS FURTHER ORDERED AND ADJUDGED that for purposes of enforcing the joint legal custody provisions hereof, joint legal custody shall be deemed to mean the following
The parties shall consult and attempt to agree before major decision are made affecting the childs education, enrichment activities, camp, travel and medical problems; The parties shall have equal access to medical, educational and personnel records of the minor child; The parties shall notify the other of any emergencies relating to the minor child and notify and give the other parent an opportunity to be present for all routine medical, dental, optical and psychological treatment; That each party shall keep the other parent informed of the whereabouts of the child and his/her own whereabouts in the event of a medical or other emergency; That the parties shall inform and be informed about school, music, sports and other enrichment activities of the children, and be provided an opportunity for parenting; That each party shall give the other party the opportunity to provide child care services for the minor child in lieu of hired child care or babysitting; That while each party has physical custody of the minor child, that party shall be responsible for all routine decisions regarding the minor child; Each party shall provide the other party with their present address, phone number and subsequent changes.
IT IS FURTHER ORDERED AND ADJUDGED that the parties shall
conduct themselves at all times with the best interests of the minor child foremost in their consideration and shall communicate with one another on a regular basis to enhance and foster the childs best interests.
FURTHER, the minor child of the parties have the inherent right to the natural affections and love of both parents, and neither party shall do anything that might estrange the minor children from the other party or that might tend to discredit, cause disrespect for or diminish natural affections of the minor child for the other party.
If an agreement cannot reached as it relates to Custody. The Lawyers at the Schulman Family Law Center are well aware of the various
Factors in the Child Custody Act. Indeed, Parents are encouraged to reach their own agreements regarding custody arrangements. When parents cannot agree, the judge must decide custody by considering all of the following best interests factors of the Michigan Child Custody Act.
These factors are usually addressed during custody evaluations by the friend of the court. The following are the factors of the Child Custody Act:
- 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 the continuation of 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, as a 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 at or witnessed by the child.
- Any other factor considered by the court to be of relevance to a particular child custody dispute.’