Ann Arbor Child Custody Attorney

In practice, there are two types of child custody. Attorneys in Michigan refer to custody in terms of “physical” and “legal” custody; however, the law only defines “joint custody.”  

Joint Custody

In the statute, joint custody is defined as an arrangement in which the court order specifies:

• That the child shall reside alternately for specific periods with each of the parents; and/or 
• That the parents shall share decision-making authority as to the important decisions affecting the welfare of the child. 

Physical Custody

Physical custody refers to the amount of parenting time each parent will have.  

Legal Custody

Legal custody involves decision-making regarding the major decisions in a kid’s life:

• Education
• Medical treatment
• Religious training

When the parents who share joint legal custody cannot agree on a major decision, the judge will ultimately make the decision.

What Determines Child Custody? 

As discussed above, the main factors impacting a court’s decision on guardianship are the child’s best interests. 

According to the Michigan Child Custody Act, such best-interest factors include:

• The love, affection, and other emotional ties existing between each parent and the kid;
• Each parent's ability and willingness to give love, affection, and guidance, and to continue the education and to raise in religion or creed (if any);
• The ability and willingness of each parent to provide food, clothing, medical care, and other material needs;
• How long the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
• The permanence of the family unit of the existing or proposed custodial home or homes;
• Each parent's moral fitness;
• Everyone's mental and physical health;
• Home, school, and community record;
• The kid's reasonable preference;
• Each parent's willingness and ability to facilitate and encourage a close and continuing relationship between the kid and the other parent or the kid and the parents;
• Domestic violence, regardless of whether the violence was directed against or witnessed by the kid; and
• Any other factor the court deems relevant to the custody dispute.

Deciding Parenting Time

In Michigan, the court must presume it is in the child’s best interest to have a relationship with both parents. Thus, parenting time must promote a strong relationship with both parents.  

Every parent has a right to parenting time unless the court is convinced, by clear and convincing evidence, that visitation would endanger the child's physical, mental, or emotional health. 

When deciding how to allocate parenting time, in addition to the best interest factors, the court will consider the following factors:

• Whether the kid has special needs;
• If the kid is less than 6 months old, or if less than 1 year, whether the kid is still nursing;
• The reasonable likelihood of abuse or neglect during parenting time;
• Whether there is a chance the noncustodial parent will abuse the other parent during the parenting time exchanges;
• The inconvenience to, and impact on, the child for traveling for parenting time;
• Whether the court believes the noncustodial parent will exercise parenting time according to the order;
• Whether the noncustodial parent has frequently failed to exercise parenting time;
• The threatened or actual detention of a child with the intent to retain or conceal the child from the other parent during parenting time; and
• Any other relevant factors.

Parents often work together to arrange a visitation schedule. If the parents cannot agree on a schedule, the judge will create one for them. 

Hire an Experienced Child Custody Lawyer in Ann Arbor

It’s crucial to have dependable representation if you prepare to negotiate your parental rights with your ex-spouse soon. An experienced Ann Arbor child custody attorney can provide legal guidance, protection, and peace of mind during this hard time.

For instance, Attorney Novar knows what it takes to prevail in a high-conflict custody case. 

In Tsimhoni v. Tsimhoni (Oakland County), Attorney Novar worked closely with a team of attorneys who succeeded first in getting the judge to recuse herself and then getting the children returned to their mother’s care the court illegally removed the children from her care and control. 

In Echols v. Kabza (Washtenaw County) Attorney Novar’s client was awarded sole legal custody after a lengthy trial that included the other party presenting testimony and evidence over approximately 14 trial dates.