Child Custody Attorney Michigan
Child Custody in Michigan
Hermiz Law is the preeminent metro-Detroit firm to assist you with your child custody matters. A custody battle is oftentimes a very emotional process which requires the attention of a skilled attorney. One mistake in the custody process may result in unintended consequences and even the loss of your rights. Call 248-825-8042 to set up a free consultation to discuss child custody laws in Michigan.
Michigan Child Custody Overview
In Michigan, courts are bound by the Child Custody Act of 1970 (MCL 722.21) to determine custody issues. The Child Custody Act governs all issues surrounding custody. The determination of custody is gender-blind, and only evaluates what is in the best interests of the child. The court assesses a number of factors in determining who to award custody to. The Act recognizes that it is in best interests of the child to award custody to the natural parents, unless clear and convincing evidence proves otherwise. The Act also recognizes that joint custody is also in the best interests of the child.
Child Custody: Sole Custody vs. Joint Custody?
Generally speaking, courts will grant both parents joint legal and physical custody absent a showing that one parent is unfit. Joint custody refers to both parents having equal rights. Sole custody refers to one parent having sole rights. Legal custody refers to the parents’ right and obligation to make decisions about their child’s upbringing, including schooling, medical care and religious upbringing. Physical custody refers to the parents’ right to have the child live with them. This arrangement may take many forms.
Every family will have a different custodial arrangement. The determination of custody is specific to the needs of the child. Courts will use the best interests of the child to determine custody.
What is Michigan’s Best Interests of the Child Standard?
The following are the factors of the best interest of the child standard that are taken into consideration when deciding child custody issues, per MCL 722.23:
- The love, affection, and other emotional ties existing between the parties involved 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 of the child in his or her religion or creed, if any.
- The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
- The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
- The permanence, as a family unit, of the existing or proposed custodial home or homes.
- 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 preference.
- The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
- Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
- Any other factor considered by the court to be relevant to a particular child custody dispute.
Free Child Custody Law Consultation (248) 825-8042
Call Hermiz Law today at 248-825-8042 to set up your free consultation regarding child custody.
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