What Is Child Custody?

Child custody encompasses two things: physical custody and legal custody. Physical custody refers to the daily care of a child and living arrangements. Legal custody refers to the decision-making authorities of the parents, specifically major decisions such as the child’s education, medical care, extracurricular activities, and participation in major religious events.

Legal and physical custody for a child can be ordered as sole to one parent or jointly between both parents.

Determination of Custody

Custody determinations must consider the best interests of the child as outlined in MCL 722.23. Additionally, the ability of the child’s parents to jointly make decisions that affect the child’s welfare is considered (MCL 722.26(a)). Naturally, if parents cannot cooperate to make major decisions for their children together, the children end up suffering. In such circumstances, the court may find that awarding sole legal custody of a child to one parent is in that child’s best interest.

Which Parent Makes Routine Decisions for a Child?

Absent specific orders, the parent with whom the children are staying at any given time will be responsible for making basic, routine decisions for those children. These decisions may include non-routine childcare, activities during that parent’s parenting time, hygiene routines, discipline, and dress.

Custody Agreements

When parents agree on custody allocation, whether on their own or through dispute resolution services such as mediation, they must submit the stipulations to the court for review and entry of final orders. There is a preference for parents to agree upon custody arrangements. However, the court is still required to find that the parents’ agreements are in the children’s best interests.

Legal Custody Disputes

There are times when parents sharing joint legal custody are unable to agree upon a major decision for the child. In these scenarios, the parties may submit the issue to the court. The court will then make the final decision on the dispute according to the child’s best interests.

Friend of the Court

The Friend of the Court is an arm of the circuit court. Among other things, in custody disputes, the Friend of the Court may investigate the family for the purpose of making recommendations concerning custody and parenting time. The court is not required to enter the recommendations as orders, but often, the court finds the recommendations appropriate and enters them as orders.

The Friend of the Court also offers mediation services to families in an attempt to resolve their custody disputes.

Can Custody Orders Be Modified?

It is possible to modify child custody orders for each child generally until they turn 18. The parent seeking to modify orders must show proper cause or a change in circumstances. The court will consider the child’s current Established Custodial Environment and the best interests of the child pursuant to MCL 722.23.

Contact Our Michigan Family Law Attorneys Today

Custody disputes can be some of the most expensive, time-consuming, and emotional to litigate. However, they can be some of the most important issues to resolve for the sake of the children. Contact the Michigan family law attorneys at McKinney Vos today for a free consultation to discuss your specific custody concerns.