WHAT TO KNOW ABOUT MICHIGAN CHILD CUSTODY LAW

Who usually gets custody?

Michigan law assumes that an ideal outcome of a divorce or separation results in the children involved maintaining a strong relationship with both parents.  Although, in Michigan courts, there are twelve factors taken into consideration, called the “best interest factors,” which are laid out in the Michigan Child Custody Act.

These factors focus on the parenting situation prior to the divorce and whether or not there is an ‘established custodial environment,’ for either parent.  This is characterized by having established a long-term emotional connection and physical environment for the child.

What is the difference between legal and physical custody?

Michigan law divides custody into two categories: legal and physical.

The ability to make important decisions regarding, or on behalf of, your child is called legal custody.  This includes decisions regarding education, health care, and general child care.  If parents share legal custody of a child, they must consult each other before making these important decisions.

Physical custody refers to the residence of the child.  Joint physical custody allows for an arrangement between parents, where the child separates his or her time living between each parent’s household.

What about child support?

Child support is determined by a specific formula, called the Michigan Child Support Formula.  There are a number of factors that go into the formula, including income, custody arrangement, and child expenses.  Child support is most often awarded to the parent with primary physical custody, meaning the child spends the most nights at their residence.

How Can I Get Custody of My Child?

Your best course of action to ensure that you will maintain custody of your child is to show an interest in your child prior to the divorce hearing, collect evidence to present at trial, and contact a qualified divorce attorney.

If you are facing a divorce, contact the attorneys at Bailey, Smith & Bailey, Michigan’s premier divorce and family law specialists.