1-844- DOAK LAW
CHILD CUSTODY, SUPPORT AND PARENTING TIME
Your quest to provide the safest and best environment for your child by seeking an appropriate child custody and visitation order can be emotionally difficult and a very stressful aspect of divorce proceedings. Courts in Michigan look at the best interests of the child in determining custody. But this question can be very complex and involve many different evidentiary issues. Having an aggressive attorney by your side is essential to protect your child’s best interests.
While pursuing child custody, support, and parenting time, you should evaluate your situation carefully. Michigan law looks at different aspects of your parenting and your situation to determine how these issues are decided.
TWO KINDS OF CUSTODY
Michigan law provides for legal custody and physical custody, two different kinds of custody that are maintained at the same time. Legal custody refers to the right to participate in important decisions which can affect the welfare of a child (ie: medical decisions, educational decisions, religious decisions). Most judges and Michigan law in general prefer joint legal custody. But in limited situations joint legal custody is not appropriate.
Physical custody refers to where the child will physically reside on a day-to-day basis. The parties can share physical custody or one party may be primarily responsible for the physical care of the child. If one party has physical custody then parenting time becomes an important issue. Parenting time should be arranged so as to promote a close and continuing relationship between the child and both parents.
For custody disputes where a judge has already determined the best interests of your child by stipulation or a trial, to change that order there is a three part process.
- Has there been a “Change in Circumstances or Proper Cause” sufficient to re-visit custody. I call this the gate-keeper of custody, because if you don’t meet this standard, then a court will not hear your case.
- Is there an “Established Custodial Environment.” If there is, then it will take “Clear and Convincing” evidence to change the established custodial environment of the child.
- What is the”Best Interests” of the child? The court will then look at the best interest factor to determine who should have custody.
We serve clients all over the State of Michigan, Including Charlevoix County (Charlevoix, East Jordan, Elmira, Boyne City,), Otsego County (including Gaylord, Johannesburg, Elmira), Kalkaska County, Emmet County (Including Mackinaw City, Alanson, Conway, Petoskey, Walloon Lake) Cheboygan County (including Cheboygan, Indian River).
Make the Smart Choice. Call Immediately. We strive to have an attorney answer our phones 24 hours a day 7 days a week. If we are not immediately available, we will call back as soon as possible, many times within minutes of the call. The call is free and the consultation is free. Protect your children’s future now.
***This web site and article is for informational purposes only and is intended to give you, the viewer, information about the type of services provided by the Doak Law Firm. This is not intended as nor should this web site or article be used as legal advice. Your case should be specifically reviewed by an attorney. Contacting the Doak Law Firm via this web site, Facebook, Twitter, via e-mail, or via phone does not create an attorney-client relationship. An attorney client relationship can only be created by express written agreement with the Doak Law Firm. We offer a free ½ hour consultation which is no risk to you to allow you access to the legal advice you need to know the proper direction to take your case. Start there. That is the smart choice. ***
Contact the Doak Law Firm today for yourFREE 1/2 hour consultation.
Doak Law Firm, PC
219 East Main Street suite 1
Boyne City, MI 49712
Phone: (231) 582-0712
Fax: (206) 888-4849
This web site is for informational purposes only and is intended to give you, the viewer, information about the type of services provided by the Doak Law Firm. This is not intended as nor should this web site be used as legal advice. Your case should be specifically reviewed by an attorney. Contacting the Doak Law Firm via this web site, via e-mail, or via phone does not create an attorney-client relationship. An attorney client relationship can only be created by express written agreement with the Doak Law Firm.