Child Custody Attorney in Farmington Hills, Michigan
Parenting is one of the hardest jobs you can take on, and this is true even under the best circumstances. However, the reality is that many individuals will find themselves separating or divorcing from their parenting partner, which can create many complications. When this happens, the two parents will be tasked with making some very difficult decisions about child custody, parenting time schedules, and visitation rights. Almost no one is prepared for this when it happens; hence, it’s in everyone’s best interest to work with an experienced family law attorney.
If you’re considering divorcing or separating from your co-parent and you’d like to sit down with a knowledgeable and compassionate lawyer, call the Law Office of Blake P. Lipman. Attorney Blake P. Lipman is able to serve clients in and around Farmington Hills, Michigan, as well as the Detroit Metropolitan Area and tri-county area (Oakland, Wayne, and Macomb).
Establishing a Child Custody Arrangement
When two parents wish to separate, the single most important thing they’ll need to do is establish a child custody arrangement. In Michigan, as it is with most other states, custody is divided into two categories: legal and physical.
Legal custody: Legal custody refers to the decision-making power of the parents. This typically applies to topics like education, health care, religious upbringing, and where the child lives. Legal custody can be awarded to just one parent or jointly.
Physical custody: Physical custody refers to where the child physically resides. Like legal custody, this can be awarded to just one parent or to both parents together. Even if one parent holds sole physical custody, this doesn’t mean the other parent won’t get to see their child. Instead, a parenting plan will need to be established.
It’s possible for both parents to share legal custody but for only one parent to have physical custody. It’s also possible for the two parents to have joint physical custody without an even 50/50 split in how much time the child spends with them.
Two Main Options
Because a plan must be made for the child when the two parents separate (and is in fact required by law to be completed before a court will approve a divorce). In most cases, there are two ways to approach this:
Option 1 - Without court intervention: The first option is to sit down with your co-parent and come to a joint decision. If you’re still on relatively good speaking terms with your partner and can work through these decisions together, this is almost always the quickest, least expensive, and most painless option. Once these choices have been made, you can draw up your terms and present them to the court for evaluation. In most cases, as long as the best interests of the child are being met and the plan seems fair to both parents, it will be approved. Many parents choose to work with an experienced attorney during this time to consult with or to use as a mediator to keep the conversation productive and on track.
Option 2- With court intervention: If you’re unable to come to an agreement with your co-parent, you’ll have to take your case to family court and let a judge decide what the custody arrangement will be. Ideally, both parents will hire an attorney to represent their interests. This option will be more difficult, more expensive, and typically takes longer to complete.
Factors Considered in Determining Custody
If you need to turn to the court to make a decision, you should know what factors will be considered in granting custody. Once the judge makes their decision, it will be legally binding and you’ll have to follow it. Above all, the courts prioritize the best interests of the child and whenever possible will make an arrangement that allows both parents to play a meaningful and consistent role in their child’s life. Other considerations the judge may take into account include:
The wishes of the child if old enough
The willingness of each parent to foster a relationship with the other
The ability of each parent to provide for their child’s physical, emotional, and educational needs
The physical location of each parent and how difficult it would be for the child to move between two households
The parent’s history of abuse or neglect, if any
The unique needs of the child
Modifying an Existing Child Custody Arrangement
Just as establishing a child custody agreement should ideally be done with the assistance of an attorney, so should a modification of child custody agreements. Once you have a child custody order that’s been approved by the courts, you’ll need to have any modifications approved as well.
Modifications can be necessary for a few reasons, but in general, you’ll have to prove a major life change has occurred which necessitates a new plan. This could be a parent getting a new job, having another child, or if one parent isn't holding up their end of the agreement. Importantly, you should never attempt to make these changes on your own without the consent of the other parent. If you do, you risk losing parenting rights.