Child Custody Lawyer in Birmingham, Michigan

Child Custody in Michigan

If you have minor children and are preparing for divorce, child custody is likely of tantamount importance to you. You want to know how often you’ll see your kids and what the new schedule might look like. You probably have questions about child custody laws in Michigan and may feel overwhelmed with the legal complexities involved. Mackensen Law is here to guide you through the process, answering your questions and helping you understand Michigan custody law and how it applies to your specific circumstances.

As a child custody lawyer, Logan Mackensen’s approach centers on the best interests of the children, consistent with Michigan laws. Child custody decisions in Michigan are intended to ensure the physical, emotional and educational well-being of the children. Similarly, our goal is to serve as an advocate for you and your child(ren) while also striving to respect the rights and relationships of all parties involved.

There are many specifics and nuances to child custody in Michigan. We will walk you through the key considerations and will think creatively to craft a parenting time schedule that fits the needs of you and your children. If you need more information or are ready to schedule a free consultation, get in touch with Mackensen Law.

Types of Child Custody

In Michigan, there are several different types of child custody arrangements. To understand the various custody arrangements, it helps to first understand the differences between sole and joint custody, and physical and legal custody. 

Sole Custody vs. Joint Custody 

Sole custody, also called full custody, is an arrangement in which one parent has complete responsibility for the child(ren). Alternatively, joint custody involves both parents sharing responsibility for the child(ren).

Sole or joint custody is further broken down into physical and legal custody which deals with the type of responsibility the parent has for the child.

Physical Custody vs. Legal Custody

Physical custody establishes a child’s living arrangements post-divorce. Legal custody grants one or both parents the right to make major decisions affecting their child(ren), including decisions about healthcare, religion and education.

Types of child custody arrangements in Michigan include:

• Sole Legal Custody: One parent has the right to make all major decisions affecting the child’s welfare.

• Joint Legal Custody: Both parents share the responsibility in making decisions affecting the child’s welfare, which requires parents to communicate and collaborate on behalf of the child.

• Sole Physical Custody: The child lives with one custodial parent full-time. The other parent may or may not have visitation rights (supervised or unsupervised) under this arrangement.

• Joint Physical Custody: The child lives with both parents. Under this arrangement, there are infinite ways to structure the schedule and/or the amount of time a child is to spend with each parent. The goal is for the child to spend a significant amount of time with each parent on a regular basis and to have a meaningful relationship with both of them.

• Split Custody: Less common, when more than one child is involved, each parent has full physical custody of at least one child.

• Third-Party Custody: Custody is granted to someone other than the biological parents, like a grandparent or close family friend, when the parents have been deemed legally unfit to care for the child.

Working together, we will gather the information necessary to reach an agreement with the other party or, in the alternative, to inform the judge’s determination of custody in your case, always with the goal of serving the best interests of the children.

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Child Custody and Child Support

With any of these custody types, either parent may be granted child support. Child support is an arrangement where one or both parents provide(s) financial support to the other parent for basic necessities and expenses related to caring for the child(ren), including healthcare and educational expenses. 

While child custody and child support are distinct in how they are treated by Michigan law, the type of custody arrangement can influence child support decisions. If either parent has sole custody, the child support amount the non-custodial parent is responsible for paying may be higher. In a joint custody situation, factors like the amount of time spent with each parent, the cost of healthcare and the cost of childcare, if applicable, may play a role in whether child support is awarded and in what amount.

Child Custody Frequently Asked Questions 

Can child custody be changed?

Yes, child custody in Michigan can be modified when there is a significant change in circumstances of the child or family such as a material change to the living situation, health or behavior of the child, or even of the parents. Minor disagreements or normal life changes are usually not enough to warrant a change in custody.  The parent or parents requesting the change must demonstrate that the conditions surrounding the child (the change in circumstance) have or could have a significant effect on the child’s well-being and that changing the custody agreement is in the best interests of the child.

How do I file for emergency custody in Michigan? 

If a child is in immediate danger, such as in cases of abuse, neglect, kidnapping, or exposure to a severely harmful environment, a petition for emergency custody can be filed. The individual requesting emergency custody must provide specific evidence that shows that the child’s safety is at immediate risk.

Emergency custody orders, also called ex parte orders, can be issued without notifying the other parent, but once the order is granted, the other parent must be served and given an opportunity to respond. Following the initial order, a court hearing is scheduled in which both parties have an opportunity to present evidence and the court decides whether to extend, modify or terminate the emergency custody agreement.

Can grandparents get custody of their grandchildren in Michigan?

Grandparents can seek custody of their grandchildren in Michigan under specific circumstances.  These cases can be highly complex and dependent on the individual circumstances involved.  If both parents are deemed unfit to care for the child or if both parents agree to voluntarily relinquish custody to a grandparent or grandparents, the matter may be appropriate for a grandparent or grandparents to have custody of a grandchild or grandchildren.

Legal guardianship is another option that grandparents can pursue in cases when it may be a better alternative, such as when a parent is temporarily unable to care for their child(ren) or the goal is to eventually place the child with his or her parents.

As with all child custody cases in Michigan, the central consideration of the courts is what is in the best interest of the child(ren).

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At Mackensen Law, we are committed to providing answers to all of your custody-related questions and ensuring that your child’s best interests are protected and promoted through the legal process, so that they can thrive in all areas of their lives, healthily and happily.  

If you have additional questions about child custody in Michigan, get in touch with us to schedule a free consultation.