Divorces involving children can be contentious and emotional, especially when custody matters are involved. Parents frequently ask us how Michigan views these cases and whether it favors joint or sole custody. However, our courts don’t necessarily favor one or the other, but rather, they focus on the child’s best interests.
Navigating a child custody dispute requires an understanding of what your rights are, what factors go into determining joint or sole custody, and what you can do to achieve your desired outcome.
Understanding Child Custody in Michigan
Our state recognizes two forms of custody:
- Legal Custody: The right to make important decisions about your child’s upbringing, including their education, medical care, and religious practices
- Physical Custody: Where and with whom the child lives. Parents with physical custody bear responsibility for their daily care, meals, routines, and transportation.
Both forms of custody can be sole or joint, meaning either one or both parents can have the right to make decisions about their upbringing and bear responsibility for their daily care. Â
The Michigan Child Custody Act
The Michigan Child Custody Act of 1970 states that all custody decisions should prioritize the child’s best interests. While the law encourages active involvement in the child’s life from both parents, it doesn’t automatically assume that joint custody is the best option in all cases.
If both parents agree on a joint custody arrangement, the court generally honors that, provided it best serves the child’s needs. If the parents can’t agree on a custody arrangement, the court will consider the best interests of the child to make its determination.
What Factors Do Michigan Courts Consider When Determining Child Custody?
When determining child custody arrangements, Michigan courts consider numerous factors, including:
- Emotional ties between the child and each parent
- Capacity of each parent to provide love, guidance, and education
- Stability of the home environment
- Mental and physical health of the parents
- Moral fitness of the parents
- Any history of domestic violence
Courts will also consider the child’s reasonable preference depending on their age and maturity, as well as their school and community record, with their current living situation.
When Is Sole Custody More Likely?
While the court always hopes for a joint custody arrangement, sole custody may be awarded when one parent is clearly better equipped to care for the child. Common reasons for awarding sole custody include:
- Substance abuse
- A history of neglect or abuse
- Serious mental health concerns
- One parent’s inability or unwillingness to co-parent
Even when one parent is awarded sole custody, the other is frequently granted visitation or parenting time, provided it’s in the child’s best interest. Visitation schedules can be established and enforced with the help of an experienced family law attorney.
Why Courts Encourage Joint Custody When Possible
Studies frequently show that joint custody is better for the well-being of the child than sole custody. Having both parents in their lives can benefit children emotionally, socially, and academically. For this reason, Michigan courts aim for a shared parenting arrangement whenever it supports the child’s safety and development.
However, even when both parents are fit and willing to care for their children, they don’t always have the ability to cooperate and communicate effectively with one another. Significant conflict between parents can result in the judge determining that joint custody is not feasible.
How an Experienced Family Law Attorney Can Help
If you’re currently seeking custody in a divorce settlement, an experienced family law attorney can make a tremendous difference in the outcome of your case. They can help you by:
- Informing you of your legal rights as a parent
- Educating you on the custody factors courts will consider
- Building a strong case for your preferred arrangement
- Negotiating a parenting plan that works for you and your child
Protecting your and your family’s future can hinge on your chosen legal representation. Speak with a family law attorney as soon as possible.
Contact a Family Law Attorney in Michigan
At the Smith Law Offices, P.C., we understand the pressure and uncertainty you’re facing as a parent seeking a favorable custody arrangement in your divorce. We’ll be your fiercest advocate as you look to secure a bright future for you and your family. Contact us today for your free consultation.
