What Does Sole Legal Custody Mean in Michigan

Either party may apply to the judge for an injunction for custody, child-rearing time and child support before the judge issues a final injunction. A temporary order is usually valid until the final order is entered at the end of the case. Michigan Legal Help cannot help you request a temporary order. You may want to consider seeking the help of a lawyer to seek an injunction from the judge if you think you need one. If you have a low income, you may be eligible for free legal services. Whether you have a low income or not, you can use the Legal Aid Guide to find lawyers in your area. Physical custody means who the child lives with. The court can grant joint custody, which means that the child lives temporarily with each parent. Or the court may grant sole custody, which means the child lives with only one parent. Usually, if one of the parents has sole custody, the other parent has regular parenting time (visitation). Legal custody is essentially the ability to participate in decision-making regarding the health and well-being of children, these decisions include religious education and school choice.

Custody usually refers to the person with whom the child will primarily live. In most cases, joint custody is the norm. If you and the other parent have signed and filed an affidavit of parentage, you have established paternity and your child has a legal mother and father. You can bring an action in custody. During the divorce process, the Michigan Supreme Court notes that the court should consider ordering joint custody if a parent requests it. If both parents decide to share custody of their children, joint custody must be granted unless the court decides that this arrangement is not best for the children. In determining the best interests of the child, the court takes into account various factors. These include some of the following: If there is a paternity or child support case in Michigan for your child, decisions regarding custody and parenting time must be made in that case. In this case, any parent can apply for custody in order to obtain or vary a custody order. Possible enforcement measures include “catch-up” parental leave; a civil contempt hearing; Amendment of existing provisions on parental and/or custody leave; or alternative dispute resolution services available in the county. Whether you live in Lansing, Dimondale or Charlotte, finding the right parenting schedule or custody arrangement can be a business if you get divorced. This is one of the many reasons why Kronzek`s experienced and trusted family law lawyers have earned such a good reputation over the decades.

We know how difficult this can be, and over the years we`ve helped hundreds of parents in the Mid-Michigan area find parenting plans that meet their family`s unique needs. If you want to divorce or change your parenting or custodial time, call 517 866 1000 today to schedule your free zoom or phone consultation. We are here to help even in the event of an emergency or crisis intervention. Legal custody is the ability to make important life choices for your child, such as health care, education, child care, and general well-being. Joint custody gives both parents the right to make these decisions, and they should consult with each other before making routine decisions. Sole custody entrusts all decision-making tasks to a single parent. Michigan`s bylaws require the courts to review joint custody at the request of a parent and state the reason for granting or denying such an application. For joint custody to work, the courts have indicated that parents must be able to agree on fundamental issues of child-rearing, including health care, religion, education, day-to-day decision-making and discipline, and must be willing to cooperate in joint decision-making.

If two equal parents, whose conjugal relationship is irreconcilably broken, are unable to work together and generally agree on important decisions affecting the well-being of their children, the court has no choice but to determine which parent has sole custody of the children. People often think of custody in terms of “legal” custody and “physical” custody. Legal custody means having the right to make important decisions about your children, e.B. where they go to school, what religion they belong to, and what important medical decisions they make. Custody refers to the living conditions of children. You can use our do-it-yourself custody case tool (unmarried parents) to fill out the forms you need to start a custody file. After submitting your forms and serving copies on the defendant, the defendant has the opportunity to file a response and a counterclaim. The signing of the affidavit of filiation is voluntary. If a parent does not agree to sign it, it cannot be used to establish paternity.

You may not want to have anything to do with your spouse or partner, but for your children, that person is still a mother or father. Michigan law assumes that a child benefits from maintaining a strong relationship with both parents. For this reason, joint custody is common and parental leave is granted to both parents, unless it is not in the best interests of the child. Exceptional cases – where sole custody and suspended parental leave may be an option – can generally include at least one of the following: When deciding whether there is an ECE, the judge considers what the child`s life is like. For example, does the child seek love and affection, food, shelter, and other needs from one or both of his or her parents? Is the child old enough to be in the current arrangement for a long time? If you and the other parent agree on custody, child-rearing time and the terms of child support, you can ask the court to issue a consent order. The judge must believe that the conditions you have agreed to are in the best interests of your child. But it is likely to do so if the conditions give the child time with both parents. When you meet with the court friend, explain your consent to the court clerk`s friend, and they can make an order for you. If the parties do not agree on the paternity of the child, the court orders DNA tests. If DNA tests show that the alleged father is the biological father, the judge will sign a parentage order.

A parentage order establishes paternity and makes the alleged father the legal father. Decisions on custody, parental leave and maintenance may be made in the event of paternity. When a parent`s relationship breaks down, the first question is often who will “have” the children. The fear of losing control of your children could lead you to take an all-or-nothing approach in court. Is it likely that the judge will grant you sole custody of your children in a hotly contested custody battle? Ex parte decisions are usually referred to when divorce proceedings are initiated or in urgent cases. If the other party considers that the unilateral order is not necessary, an opposition must be filed within fourteen days of receipt of notification of the order. The Michigan Child Custody Act assumes that it is in the best interests of the child to have a strong relationship with both parents. Michigan courts use 12 factors called best interest factors to determine which custody arrangement is in the best interests of the affected child or children.

Recognizing that your co-parent is likely to be involved in your child`s big life choices doesn`t mean that your hopes of keeping your child with you will be dashed. In many counties in the state, judges typically award primary custody of children to the parent who served as the primary caregiver prior to separation. In other cases, circumstances may dictate that a party is clearly better able to serve as the primary physical administrator responsible for the child`s daily life. In Michigan, it is the friend of the court`s labor court to investigate custody, parenting time, and support, and make recommendations. Ad Litems tutors are rarely used in custody matters; They are usually sought to represent children who have been victims of abuse or neglect. According to the Michigan Supreme Court, there are two types of joint custody, including joint physical custody and joint legal custody. When joint custody is granted, both parents have the power to make decisions that affect the well-being of their children. In comparison, when joint custody is granted, parents have certain periods of time to spend with their children. However, this does not necessarily mean that this time is divided equally. For example, one parent can take care of their children during the school week and the other parent can spend weekends with their children. To get more parental leave with your children, you need to show the court that you can manage the time and that you are really interested in raising your children. Get involved with your children as much as possible before your custody procedure and document everything you do.

Find a routine that works for you and your children and stick to it. A first custody decision is made by the Friend of the Court at the beginning of the case. The friend of the court will make a recommendation based on the information collected from each parent. Each party then has the right to object to this recommendation and to provide the judge with evidence as to why another order or recommendation should be issued. After a judgment or custody decision has been rendered, it is quite rare for a parent to be granted sole custody, except in extreme circumstances. This can certainly happen and happen, but there must be evidence that joint custody is not in the best interests of the child. .