Child custody issues can cause emotional and mental anguish for both parents and children, and families facing them need reliable support.
For nearly two decades, the child custody attorneys at The Smith Law Offices, P.C., have helped parents transition through challenging divorces and separations. We have the knowledge and experience to help you navigate complex custody issues, retain your parental rights, and do right by your child.
Michigan advocates for both parents’ presence in a child’s life, except in extreme circumstances where the absence of one parent may be in the child’s best interests. There are various possible custody arrangements, including the following:
If the judge finds it impracticable for the parents to work together, one parent will be granted legal and physical custody of the child. The other noncustodial parent will receive a set amount of parenting time.
The court will consider joint custody if either or both parents make a request; however, it can deny the request if it’s not in the child’s best interests. The judge must state the reason for denying or granting the request on the record.
There are two types of joint custody:
These arrangements can be modified if circumstances change significantly, but all decisions are centered on doing what’s best for the child.
When determining custody arrangements, Wayne County courts follow Michigan’s child custody laws to evaluate the parents and their ability to provide a stable and nurturing environment.
A judge assesses each parent’s record, circumstances, and capabilities to determine what custodial arrangement would be in the child’s best interests. Some of the factors considered in child custody cases include:
Parents involved in custody cases often ask whether judges honor the child’s preference when determining custodial rights.
Custody cases involve minors. As such, though a child may express a reasonable preference, the judge will nonetheless weigh various factors and have the final say over whether the child would be better off living with one parent or the other.
Child custody cases often involve agreements regarding parenting time and child support. Despite clear guidelines for negotiating these agreements, issues frequently arise, necessitating the intervention of custody attorneys or the court.
In Michigan, as in many states, there’s a presumption that it’s in the child’s best interests to have a strong relationship with both parents. Therefore, courts typically try to maximize each parent’s time with the child when it’s safe and practical to do so.
In the best-case scenario, the separating spouses will agree on parenting time schedules and the frequency of visits. However, when they can’t agree, the judge may be the one to make the ultimate decision. The judge will make a ruling based on the child’s age, needs, and preferences, as well as the parents’ individual circumstances.
While deciding custody, the court will also give orders on child support.
Michigan courts use the income shares model to determine how much each parent should pay in child support. To do so, they look at factors such as each parent’s income, parenting time, and the costs of raising the child.
Once the court issues a child support order, the State of Michigan Department of Human Services (DHS) takes over the administration and enforcement of all child support matters.
Parental alienation occurs when one parent systematically alienates a child from the other parent, often through manipulation or by denying access. Michigan family law takes a firm stance on parental alienation, allowing victims to seek recourse in court, especially when the alienating parent is in contempt of a custody order.
Although there may be tension between you and your ex-partner, it’s important to remember that amicable resolutions will benefit your child.
Through mediation, you and your former spouse may be able to reach a custody agreement without the time and expense of a court case. Our attorneys are skilled in mediation and conflict resolution and will explore all potential out-of-court resolutions before taking your custody battle to court.
Our team of custody attorneys will help negotiate the best terms for you as a parent without always keeping your child’s welfare at the forefront of their mind. We know how to create parenting time schedules and plans that are fair, balanced, and flexible.
Our attorneys can help you file modifications to a custody agreement when needed. We’ll handle all the paperwork required to modify the existing custody agreement and help you negotiate with the other parent’s legal representative to protect your parental rights.
Enforcing child custody orders can be challenging. Our lawyers are familiar with these challenges and how to overcome them. We’ll help you remain in compliance to protect your rights and your child’s. We’ll collaborate with the Wayne County Friend of the Court to effectively communicate your problems and achieve favorable outcomes.
If your case goes to court, you can count on our effective representation. Our team has an impressive track record of achieving positive results for our clients, and we’re prepared to do the same for you.
We’re your trusted guide for child custody cases in Canton. You can rely on us to consider your unique needs and offer dependable legal advice about your case.
We take the time to understand the nuances of our clients’ situations to devise fitting solutions. Guided by our extensive knowledge of child custody laws in Michigan, every decision we make focuses on your child’s best interests and parental rights.
At The Smith Law Offices, P.C., we’re proud to offer all of our clients personalized service and attention. Our wealth of experience in child custody matters in Wayne County ensures that you’ll get the skilled legal counsel you need for your case.
Contact us today to speak with one of our capable family law attorneys and get your case off to the right start.
