Are you a parent in Redford, Wayne County, who needs help asserting your rights to custody, parenting time, or decision-making abilities? These are among the most fraught matters that many of us ever have to deal with, as they involve the people we hold most dear. Naturally, you want what’s best for your child, and it can be incredibly frustrating to feel stymied in your ability to
Fortunately, you do not have to resolve these matters on your own. At The Smith Law Offices, P.C., we are committed to helping parents in your situation seek positive resolutions to the challenges they’re facing. Contact us today for a free consultation with a child custody lawyer serving Redford, and let’s discuss your goals and concerns together.
Michigan divides child custody into two distinct elements: legal custody and physical custody. Legal custody (also called decision-making rights) is the right to make decisions regarding your child’s welfare, from where they go to school to what medical care and religious instruction they receive. Physical custody, on the other hand, is the right and obligation to provide for the child’s day-to-day care. When one parent is singularly entrusted with these rights, they are said to have sole custody. When both parents share these rights, they have joint custody.
A parent who does not have primary custody of their child may be awarded parenting time, which refers to the time a parent spends with their child. In some cases, a court might order that parenting time happen at certain times and places, while others might have more flexibility. During parenting time, the noncustodial parent is responsible for making routine and emergency decisions regarding the child’s well-being.
Michigan courts are required to make child custody decisions based on what is in the child’s best interests. In turn, the law instructs the courts to weigh the following 12 factors when understanding the child’s best interests:
It’s important to understand that, while the interpreting how each pertains to a given case is a subjective matter. It’s important to have experienced legal counsel supporting and advocating for your interests throughout the process of establishing or modifying a child custody order.
Family court judges decide child custody matters in Michigan. The judge evaluates evidence and testimony from both parents, the child (if they are old enough), and the Friend of the Court—more on that person in the next section. The judge’s goal throughout this process is to weigh the evidence presented to them against the 12 factors above to arrive at a custody decision that accurately reflects the child’s best interests. Our child support lawyers serving Redford can represent your interests before the judge hearing your case and advocate for your interests so that they conform to the factors the judge will use when determining your case.
The Friend of the Court (FOC) aids the judge in making decisions regarding the child’s best interests. The FOC is a neutral third party who conducts investigations, gathers relevant information, and makes recommendations to the court regarding custody arrangements. This may include interviewing parents, children, and other relevant parties, as well as reviewing documents and records. Additionally, the Friend of the Court is responsible for enforcing court orders related to custody and parenting time, ensuring compliance, and addressing any violations.
Children grow up, parents’ lives change, and existing child custody orders may no longer make sense. Fortunately, Michigan offers a path to modify orders when there have been substantial changes in a family’s situation, such as a parent’s relocation, changes in the child’s needs, concerns about the child’s safety or well-being, or a parent’s inability to fulfill their custody responsibilities.
To modify an existing order, a parent must file a motion with the court and provide evidence supporting their claim and showing how it is in their child’s best interest. If both parents agree to the change, they may submit a proposed order for the court’s approval, streamlining the process. When parents cannot agree, the court may call a hearing at which a judge decides based on the evidence and, if applicable, the Friend of the Court’s recommendations.
The Smith Law Offices, P.C., can represent you throughout the modification process, from drafting and filing your motion to interacting with the Friend of the Court to presenting your case before the judge. Trust us to voice your concerns and back them up with compelling legal arguments.
Mediation is an alternative dispute resolution method that offers a less contentious way to address family law issues, such as child custody. In mediation, a neutral third party facilitates discussion and helps parents realize their shared concerns and reach a mutually acceptable solution to the matter at hand. Founding partner Samantha Smith Dickinson is a certified family law mediator in Michigan who can help you resolve your matters without the need to actively involve the courts.
If you have a child custody matter in Redford, Wayne County, we want to hear from you. Contact us online to speak with a child custody lawyer serving Redford, and let’s discuss your concerns during a free initial consultation.
