Custody of minor children is one of the most important issues parent face when going through a Michigan divorce. If the parties can reach an agreement on child custody, it’s possible to enter a court order detailing the arrangement; where parents cannot agree, the court will make a decision. With either scenario, it’s critical to have in-depth legal knowledge to ensure there are no costly mistakes.
While Michigan law encourages agreement on custody for minor children, there are still multiple issues that parents must face throughout the process. The most important consideration is the child’s best interests, which are laid out in the state statute.
Every case is unique, but it may be necessary to address:
Established Custodial Environment (ECE): A court must review the circumstances to determine whether the child currently enjoys an ECE, and naturally turns to one parent for guidance, discipline, and life’s necessities. A judge may not disrupt the existing ECE absent a change in circumstances.
Custody Classifications: In most situations, parents will face one of three types of child custody:
Parenting Time: Under Michigan law, a court must allow parenting time to a non-custodial parent, absent clear evidence that doing so would not be in the child’s best interests.
If you’re going through divorce in Michigan and have minor children, you need an experienced, skilled attorney to assist with child custody matters. Even if you can agree with your spouse, the process of drawing up the documents and entering a court order is complex. When you can’t agree on child custody, you’re facing a complicated court hearing for the judge to decide. Our lawyers at Benson & Associates, PLLC are at your side no matter what your circumstances, as we have more than 70 years of combined experience representing child custody and family law clients in Oakland, Wayne, and Macomb Counties. For more information, please call 248-357-3550 or visit our website.
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