After a custody order is entered, a parent must seek the court’s permission to make a residential change of over 100 miles or outside of the state of Michigan. Giana Messore licensed in AR only – Little Rock, AR. The Friend of the Court will issue a recommendation based on information gathered from each parent. In order to change a child’s last name a court must enter an order allowing the change to occur. If the parents cannot agree on a custody arrangement the court will hold a trial. The parties can also negotiate a child custody agreement, and the judge will adopt it if he/she finds it is in the best interests of the children. A child custody case can usually be decided without subjecting the child to the court process. Temporary orders are extinguished when a new order or a final order is entered. The court must look at the parenting situation before the divorce or custody case was filed. The content of a temporary order will vary depending upon the information the judge has at a hearing for entry. A Guardian ad Litem can be used in a child custody case if there is a question about the parent’s ability to make decisions that are in the best interests of the child. Visitation, called parenting time in Michigan, is court-ordered time for each parent to enjoy with their children. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Each judge has discretion whether to consider the child’s opinion in a custody dispute. The judge is a fact finder and can only determine what facts exist based on the evidence put in front of him or her. Supervised parenting time should only be used when other, less restrictive methods of ensuring the child’s well-being cannot be used. Office in Ridgeland, MS. If both parents do not agree, the relocating parent must show the change of domicile is warranted. The Michigan Child Support Formula usually awards child support to the parent who has the most parenting time. In Michigan, there are two types of custody: legal and physical. Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. In Michigan a separation agreement is called a Judgment of Separate Maintenance (JSM). If the parent seeks to move out of state, the relocating parent must get permission from the other parent or the court. The Parental Kidnapping Prevention Act is a federal statute that gives Michigan the ability to enforce custody orders from other states to prevent parental kidnapping. A parenting plan, usually called a parenting time agreement, is an agreement between parents and signed by the judge that dictates when each parent will get time with the child. Parental kidnapping is a felony punishable by up to 1 year in jail and/or a fine of up to $2,000. Joseph Cordell, licensed in MO and IL only. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Judges usually interview children in their chambers, away from both parents. Although the statutes are written gender neutral, and the Child Custody Act presumes it is in the best interests of the child to maintain a relationship with both parents, many courts still award primary custody to the mother. If you have not received a child support payment you should contact the Michigan Friend of the Court for the county where your child support order was entered. If visitation or parenting time was established under a court order, you could be held in contempt for not allowing the visitation. Michigan child custody attorneys provide answers to frequently asked questions with regards to Michigan child custody laws. The UCCA helps eliminate legal conflicts when custody issues cross state boundaries, such as when a non-custodial parent moves out of the state. Not usually. If the other party does not believe the ex parte order is necessary, an objection should be filed within fourteen days of receiving notice of the order. The court has to make a determination if there is an established custodial environment with either parent or both parents. Michigan child custody laws recognize grandparent visition rights and allow the option of joint custody. Phyllis MacCutcheon licensed in CT and NM only. In Michigan, all child custody decisions must be in the best interests of the children. The following table lists the highlights of Michigan child custody laws. Giana Messore licensed in AR only – Little Rock, AR. The Michigan Child Custody Act presumes it is in the best interests of a child to have a strong relationship with both parents. An established custodial environment is a physical and a psychological environment that develops over an appreciable time and significant duration. Lisa Karges, Florida Resident Partner - Tampa, FL. The court must consider whether opposition to the move is based on a desire to secure financial advantage. It is up to the party asking for the modification to present evidence that a change has occurred or that there is proper cause, and that their proposed change is in the best interests of the children. Obey every court order, even if you do not agree with it. The most common temporary orders are for support (child or spousal) and for child custody. In some cases, the support amount can vary from the support guidelines if both parties agree. The most important thing to know is the law. The factors a judge considers are: In order to get more parenting time with your children you have to show the court that you can handle the time and that you are genuinely interested in raising your children. No. Ex parte orders are usually entered when the divorce case is filed or in emergency circumstances. An ex parte order is an order that is entered without a hearing. Who will get custody of our child? The choice of a lawyer is an important decision and should not be based solely upon advertisements. Find a routine that works for you and your kids and stick to it. A JSM allows the parties to resolve the property, custody and support issues, but does not provide for them to be divorced. The court must be satisfied that the move will improve the quality of life for the child and the relocating parent. Grandparents do not, by default, have custody and visitation rights. Some judges do not even allow attorneys to be present. Phone and Virtual Consultations Available! An initial custody determination will be made by the Friend of the Court early in the case. FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST. 1 In particular, the Child Custody Act, MCL 722.27a(9) gives a parent exercising parenting time the right and duty to decide all routine matters concerning the child. Child support is almost always awarded to the parent who has the most overnight visits. In Michigan, a child’s preference is just one of twelve factors the judge will consider; a child cannot just decide to live with one parent. Phyllis MacCutcheon licensed in CT and NM only. The court can adopt one party’s proposed custody arrangement or order any custody arrangement it feels is in the child’s best interests. THIS IS AN ATTORNEY ADVERTISEMENT. However, grandparents can petition the court for these rights in very limited circumstances: with the consent of the parents during or after a divorce; if the child was born of wedlock, paternity has been established, and the father is paying child support; if legal custody of the child has been given to someone other than a parent; if the grandparent had custody of the child within the last year; or if the grandparent’s child (the parent of the grandchild) is deceased. Legal custody is the ability to make important life decisions for your child, such as health care, education, child care and general welfare. If you don’t show something to the judge, he or she will not know it. In Michigan, it is the job of the Friend of the Court to investigate and make recommendations on child custody, parenting time and support. Sole physical custody means that the child resides with only one parent. Michigan child custody attorneys provide answers to frequently asked questions with regards to Michigan child custody laws. Sole legal custody gives one parent all decision-making responsibilities. The love, affection and other emotional ties between the parents and the child; The capacity and disposition of the parties involved to give the child love, affection and guidance, and to continue the education and raising the child in its religion; The capacity and disposition of the parties involved to provide the child with food, clothing and care; The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; The permanence of the existing or proposed home; The moral fitness of the parties involved; The mental and physical health of the parties involved; The home, school and community record of the child; The reasonable preference of the child, if the court considers the child to be of sufficient age to express it; The willingness of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent; Any other factor the court considers to be relevant.