“Custody” incorporates both a child’s living situation and parental decision-making responsibilities following a divorce or separation. However, there are two custody distinctions that parents need to understand before they move forward with their child custody case.
Knowing the difference between physical and legal custody can help you prepare for your Michigan child custody case.
What Are the Differences Between Physical and Legal Custody in Michigan?
Michigan courts determine two forms of child custody during a child custody case: legal and physical.
Physical custody refers to where a child’s primary home is or where they live most of the time. In joint custody situations, a child lives with each parent for a relatively equal period of time. In sole custody arrangements, a child lives primarily with one parent while the other may receive visitation or have a parenting time schedule.
Legal custody is different. Having legal custody of a child means that a parent has the right and responsibility to make significant decisions for their child concerning medical care, education, religious upbringing, and other vital issues. Legal custody allows a parent to have crucial decision-making authority. As with physical custody, the court can make joint or sole custody arrangements depending on what’s in the child’s best interests. Joint legal custody means both parents have decision-making responsibilities, while sole custody means only one parent can make decisions for their child.
How Does the Court Determine Legal and Physical Custody?
Michigan recognizes that children tend to thrive when they have the love and support of both parents, making joint physical and legal custody arrangements preferred. However, depending on the child’s needs, sole physical and legal custody arrangements are also common.
Local courts use guidelines established by the Child Custody Act of 1970 to help them arrive at a custody arrangement that addresses the child’s best interests. The factors a court can consider when making custody determinations include:
- Moral fitness of each parent
- Mental and physical health of each parent
- Love, affection, and emotional ties a child has with each of their parents
- The capacity and disposition of each parent to offer a child love, guidance, and continued education
- The capacity of each parent to provide basic necessities for the child, like food, clothing, and medical care
- The length of time the child has lived in a safe and stable environment
- The permanence of the existing custodial home
- Home, school, and community record of the child
- The reasonable preference of the child, if they are of sufficient age or maturity to express an opinion to the court
- The willingness of each parent to foster a good relationship with the other parent
- Any history of domestic violence
Finally, the court can consider any other factor relevant to the custody case.
A Compassionate Michigan Child Custody Lawyer Can Help You Find Solutions
As a parent, you want what’s best for your child. As your child custody lawyer, we want to do what’s best for your child and for you. At The Smith Law Offices, P.C., we care about you and your family and want to help you solve your child custody situation.
Contact us online or call our office for an initial consultation, and let’s talk about your case.
