Divorce is one of the most stressful experiences you will ever have, and one of the most stressful aspects of a divorce is the question of child custody. Will the kids be living with you or with your ex? If you don’t get custody, will the court award you enough parenting time to be actively involved in your child’s life? Who will be responsible for essential parenting decisions?
In Dearborn, Michigan, or anywhere in Wayne County, The Smith Law Offices PC is the law firm to call for help with child custody issues. Since 2010, Attorney Samantha Smith and her family law team have served the community in divorce and child custody cases like yours. Contact The Smith Law Offices PC today to get the help you need.
How are child custody cases decided in Dearborn, Michigan? According to the Michigan Custody Guideline, the court will seek to promote a strong relationship between the child and both parents, unless doing so would put the child in physical, psychological, or emotional danger.
This means the court will not deny you a role in your child’s life without a compelling reason. However, there are several different ways the court can structure child custody arrangements, including:
A typical arrangement for joint physical custody is for the child to stay with one parent during the school year and the other during summer vacation, with weekends and other school vacations split between the parents. Physical and legal custody are separate issues, so you can have joint legal custody even if the child lives primarily with the other parent.
The Michigan Custody Guideline encourages parents to negotiate a custody arrangement they can agree to. The court will most likely approve whatever arrangement the couple has made as long as it is in the child’s best interest. When the couple cannot agree, the court will base its decision on the Michigan Child Custody Act, which requires the court to consider:
If your child strongly prefers to live with you rather than the other parent, will the court consider that? If your child is angry with you, can they decide not to see you?
The child’s preference is only one factor in a child custody case, and the court will only consider it if the child is old enough to clearly express a reasonable preference. If an older child states clearly that they would rather live with one parent than the other, the court may listen to them. However, the opinion of a younger child who cannot fully understand the decision’s context is unlikely to sway the court.
The judge may decide to interview your child as part of the custody hearing to ask them where they would prefer to live. Your attorney may or may not be allowed to attend this interview.
Under the Michigan Custody Guideline, one of the factors the court will consider is consistency over time. If a child has consistently expressed a preference to live with one parent rather than the other, the court will probably take that preference more seriously. However, children cannot simply decide where they would prefer to live until they are 18.
If you and your spouse cannot agree on custody, the court may order a Friend of the Court to make a custody evaluation. The Friend of the Court Bureau is the public agency responsible for creating the Michigan Custody Guideline. An evaluator from the Bureau will interview the parents, either together or separately, and ask questions based on the Michigan Child Custody Act. For instance, the evaluator may ask you to evaluate your relationship with your child as well as the other parent’s relationship with your child.
The judge in your divorce case can do several things to help you and your ex resolve your disagreements about custody, including:
Even if the court awards sole custody to the other parent, the judge will probably schedule parenting time in which you can visit with your child. The court will only choose not to award parenting time under extreme circumstances if the judge believes it would harm the child’s well-being.
If you aren’t satisfied with your existing child custody order, you can request a modification, either by filing a Pro-Per Motion with the court or by hiring a family law attorney to file a request for a modification. As with any other legal issue, a lawyer can help by taking the stress of the case off you and ensuring the motion and its supporting documentation are filed correctly.
In any situation as emotional as a divorce, it helps to have a trusted ally who will stand up for your rights. The Smith Law Offices PC has been doing that for the community of Dearborn, Michigan, and the people of Wayne County since 2010.
We will be your voice in negotiations and mediation. We know how stressful it is to go through a divorce, and we are here to listen with compassion and guide you through the process. Contact The Smith Law Offices PC today for your free consultation.
