Grand Rapids Child Custody Attorneys

Experienced Lawyers Helping Families Determine Child Custody in Kent County, Michigan

When a divorce or separation is amicable, parents may determine their own custody and visitation agreements. In these cases, both parents will agree to a plan, including where the child or children will live, who they will spend holidays with, and which parent will be primarily responsible for decision making. This agreement will then be approved by the judge.

If, however, parents cannot reach an agreement, decisions will be made by the family court. In these cases, the court will favor the best interests of the child and will seek to involve both parents in their lives, except in cases where their child’s emotional or physical wellbeing may be put in danger, such as in the face of drug or alcohol abuse, domestic violence, or other unsafe conditions.

While a family court may not have all the details about your specific situation, they will look at a number of factors, including:

• The child’s preferences, if they are old enough to provide them
• Both parents’ financial situation and their ability to support the child
• The child’s special needs regarding their healthcare, education, and other services
• Both parents’ mental and physical health

Our experienced Grand Rapids child custody lawyers can help with your case. 

To speak with our Grand Rapids child custody lawyer, give us a call at (616) 202-3988 or contact us online today.

Types of Custody in Michigan

There are two types of custody: Legal, which refers to the parent who makes important decisions regarding a child’s health, welfare, education, and religious upbringing, and physical, or where the child will live. Parents can be awarded joint legal and/or physical custody, primary or sole custody, or a different arrangement, depending on what is in the best interests of the child.

Each type has distinct implications for the rights and responsibilities of the parents involved.

Sole Custody:

• Sole Physical Custody: In sole physical custody, the child lives primarily with one parent, who is responsible for the day-to-day care. Visitation rights are usually granted to the non-custodial parent, but the custodial parent is the child's primary caregiver.
• Sole Legal Custody: The sole legal custody arrangement allows one parent to make significant decisions about the child's welfare, including education, healthcare, and religious upbringing. The other parent may have visitation but does not participate in major decision-making.

Joint Custody:

• Joint Physical Custody: In joint physical custody, the child splits time between both parents’ homes. While this does not necessarily imply a 50/50 split, it ensures that both parents spend significant time with their children.
• Joint Legal Custody: Both parents share the right and responsibility to make important decisions about the child's life. This requires cooperation and effective communication to ensure the child’s best interests are met.

Combination:

• It’s possible for one parent to have sole physical custody while both parents share joint legal custody; this means the child primarily lives with one parent, but both parents make major decisions together.

In Michigan, the courts determine custody based on the best interests of the child, considering factors such as the child’s relationship with each parent, the parents’ ability to cooperate, and the child's needs. Both sole and joint custody have their advantages, and the best arrangement depends on the specific circumstances of each family.

How Does a Child Custody Proceeding Get Started?

A child custody proceeding typically begins when one parent, or sometimes a third party, files a petition with the family court. The following steps outline how this process generally unfolds:

• Filing a Petition: The first step is for a parent or guardian to file a petition for custody with the appropriate family court. The petitioner may include a parenting plan in this document, which outlines his or her request for legal and/or physical custody of the child.
• Serving the Other Parent: Upon filing the petition, the petitioner must serve a copy of it and a summons to appear in court on the other parent. This formal notification ensures that both parties are aware of the proceedings.
• Response from the Other Parent: Other parents have the right to respond to the petition, typically within a specified timeframe. They can agree with the petition, file a counterpetition, or contest the custody arrangements.
• Temporary Orders: A temporary order from the court can be requested by either party if immediate issues need to be addressed, such as temporary custody or visitation arrangements. These orders remain in effect until a final decision is made.
• Mediation: Many jurisdictions require mediation to encourage parents to reach an agreement on custody issues outside of court. A neutral mediator helps facilitate discussions and negotiations.
• Court Hearings: If mediation fails or is not required, the case proceeds to court hearings. Both parents present their arguments, evidence, and witnesses. The court considers factors such as the child’s best interests, each parent’s ability to provide care, and the child's relationship with each parent.
• Final Custody Order: A final custody order is issued by the judge after reviewing the case. As part of this order, the legal and physical custody arrangements, as well as any visitation schedules, are outlined. Both parents must comply with this legally binding order.

Additionally, parents can proactively attend parenting classes to demonstrate a commitment to their child's welfare and enhance their knowledge of effective co-parenting. This can positively influence court perceptions during the proceedings.

By following these steps, a child custody proceeding is initiated and progresses towards establishing a custody arrangement that serves the best interests of the child.

How is Parenting Time Decided in Michigan?

Parenting time is established by the court to determine the amount of time the noncustodial parent has with their child. Like with custody agreements, parenting time to based on what is in the best interests of the child, in addition to the parents’ schedules.

Courts will look at the following factors when determining parenting time:

• The current relationships between both parents and the child
• The parent’s ability to provide essentials, like shelter and food, to the child
• The parent’s financial status
• The desire to retain love, guidance, and stability for the child
• Any history of abuse, violence, or addiction
• The child’s preferences, if they are old enough to provide them

In any decision, the child’s needs are paramount, and the court will seek to cause as little disruption in their lives as possible. After all, children thrive in familiar environments where both parents are a present and positive influence in their lives. Brookhills Legal Services can help you seek a fair parenting plan that puts your child’s needs first.

Understanding Michigan's Custody Evaluation Process

In Michigan, a child custody evaluation may be ordered by the court when parents cannot agree on a custody arrangement. This is a comprehensive process conducted by custody evaluators, typically mental health professionals or court-appointed officials. The primary objective is to offer well-informed recommendations to the court regarding the best custody arrangement for the child's welfare.

The evaluator will conduct interviews with both parents, the child, and sometimes other relevant parties like teachers or family members. They assess various factors, including the child's relationship with each parent, the developmental needs of the child, and each parent's ability to meet these needs. The process may also involve psychological testing, home visits, and reviewing documentation related to the child's well-being.

The core components of a custody evaluation usually include:

• Interviews: Conversations with parents, children, and other important individuals to gather perspectives.
• Observations: Assessing interaction dynamics between the child and each parent in real-life settings.
• Documentation Review: Evaluating records such as school reports and medical histories.
• Reports & Recommendations: Compiling findings into a detailed report for the court.

Understanding and preparation are crucial steps for parents going through this evaluation. Demonstrating a willingness to foster a collaborative co-parenting relationship can significantly influence the evaluator's recommendations.

Co-Parenting Tips for a Healthy Child's Future

Co-parenting can be challenging, particularly after a contentious divorce or separation. However, establishing a cooperative relationship with your child's other parent is essential for the child's emotional and psychological stability. Effective co-parenting revolves around clear communication, mutual respect, and focusing on the child's needs above personal conflicts.

Here are some actionable tips for successful co-parenting:

• Keeping Communication Open: Use respectful language to discuss your child's needs, and consider using tools like parenting apps for schedule coordination.
• Consistency & Routine: Agree on consistent rules and expectations for behavior, homework, and other responsibilities, whether the child is at your home or their other parent's.
• Flexibility: Adapt to changes and unforeseen circumstances such as holiday plans or emergencies with understanding.
• Team Approach: Attend school functions and medical appointments together when possible to portray a united front.
• Healthy Boundaries: Maintain a clear distinction between adult and child issues to prevent undue stress on your child.

Ultimately, the goal is to create an environment where your child can thrive, supported by both parents. By prioritizing your child's welfare over past grievances, you can lay the foundation for a healthy parent-child relationship for years to come.

Contact our firm by calling (616) 202-3988. Our Grand Rapids child custody lawyers proudly serve families throughout Michigan.

Frequently Asked Questions About Child Custody in Michigan

How Long Does a Child Custody Case Take in Michigan?

The duration of a child custody case in Michigan can vary greatly depending on several factors, such as the complexity of the family dynamics, the level of disagreement between parents, and the court's caseload. Simple cases where parents reach an agreement through mediation can conclude in a few months. However, more contentious cases involving multiple court appearances and evaluations might take a year or longer.

A typical custody case starts with filing a petition, followed by serving the other parent, entering mediation sessions if mandated, and possibly undergoing a custody evaluation. If no agreement is reached, the case goes to a trial where the judge makes the final decision. The duration is significantly affected by how quickly each phase is completed, the responsiveness of both parties, and the court's schedule. Consulting with a knowledgeable attorney can provide clearer timelines based on your specific situation.

What Happens if a Parent Violates a Custody Order in Michigan?

If a parent violates a custody order in Michigan, the affected parent can file a motion with the court to enforce the order. The court may hold a hearing to resolve the issue and determine if the violation was willful. Consequences for violating a custody order can vary but might include makeup parenting time for the other parent, alterations to the custody arrangement, or even fines and community service for the non-compliant parent.

In severe cases or repeated violations, the court may consider more drastic measures like modifying the custody arrangement in favor of the compliant parent. The primary goal of the court is to protect the child's welfare, and any action taken will reflect this priority. Parents are encouraged to go through legal channels to rectify violations rather than attempting to enforce custody orders on their own, which can complicate the situation further.

Can Grandparents Seek Custody or Visitation Rights?

In Michigan, grandparents may seek visitation rights through the family court under certain conditions. If the parents are divorced, separated, or if one of the parents is deceased, grandparents might have standing to petition for visitation. They must demonstrate that a denial of visitation would harm the child's welfare.

The court's primary consideration is the child's best interests. Factors include the emotional ties between the grandparent and grandchild, the grandparent's moral character, and the potential impact on the child-parent relationship. Michigan courts recognize the significance of familial bonds and the role grandparents can play in a child's development, but the rights are not automatic. Grandparents need to present a compelling case to be granted access.

How Is Child Support Determined When Custody Is Shared?

Child support in Michigan is determined based on the state’s Child Support Formula, which considers both parents' incomes, the number of overnights each parent has with the child, and other specific financial responsibilities such as healthcare and education costs. When custody is shared, the calculation aims to ensure the child's financial needs are met equitably between both households.

The formula takes into account each parent's potential and actual earnings, adjusted for additional children or stepchildren they might be supporting. Even in shared custody arrangements where parents might equally divide time with the child, the financial obligation is typically kept to match the lifestyle and needs the child enjoyed before the separation. Parents can agree to a different amount, but it must be approved by the court to ensure it serves the child's best interests.

What Role Do Child Preferences Play in Custody Decisions?

In Michigan, when determining custody, a judge may consider the child's preference if the child is of sufficient age and maturity to express a reasonable choice. While there's no specific age when a child's opinion will be sought, typically, judges start giving weight to preferences of children aged 12 and older.

The child's preference is only one of many factors considered to ensure the custody arrangement aligns with their best interests. Other factors include the child's bond with each parent, the child's adjustment to home, school, and community, and the mental and physical health of all involved parties. Although a child's preference is important, it will not be the sole determinant in the custody decision. The court aims to create an environment that best supports the child’s overall well-being and development.

To speak with our Grand Rapids child custody lawyer, give us a call at (616) 202-3988 or contact us online today.