A divorce can be an emotional and challenging process, especially when children are involved. For parents facing this situation, one of the most critical aspects to address is determining custody arrangements. Remember that it should prioritize your child's well-being while protecting your parental rights. It’s normal to feel overwhelmed, but understanding the different types of custody and the factors that influence decisions can help you approach this process with more confidence and clarity.
Below, we outline the key types of custody arrangements and factors courts consider when deciding what is in the best interest of the child.
Types of Custody Arrangements
When it comes to child custody, Michigan courts recognize two main categories of custody arrangements:
1. Physical Custody
Physical custody refers to where the child will live on a day-to-day basis. Parents with physical custody have the responsibility of providing a stable home environment for their child. There are several types of physical custody arrangements, including:
- Sole Physical Custody: The child lives with one parent, while the other parent may have visitation rights.
- Joint Physical Custody: The child splits time living with both parents, though the division of time does not have to be equal.
2. Legal Custody
Legal custody grants a parent (or both parents) the authority to make important decisions about the child's upbringing. These decisions can include education, healthcare, religious practices, and more. Legal custody is often:
- Joint Legal Custody: Both parents share the responsibility of making significant decisions about the child’s life.
- Sole Legal Custody: One parent has the exclusive right to make major decisions regarding the child.
3. Parenting Time (Visitation)
Parenting time, often referred to as visitation, establishes when the noncustodial parent will spend time with the child. Michigan law emphasizes the importance of children maintaining meaningful relationships with both parents. Parenting time schedules can be customized to fit each family's unique situation.
Factors Courts Consider in Custody Decisions
Michigan courts make custody decisions based on the best interests of the child. This standard ensures that the child's physical, emotional, and developmental needs are prioritized above all else. To make this determination, courts evaluate a variety of factors, including but not limited to:
1. The Emotional Bond Between Parent and Child
Courts assess the strength of the bond between each parent and the child. A loving, supportive relationship is a key component in determining custody arrangements that promote the child's happiness and security.
2. Parental Ability to Provide Stability
A parent’s ability to provide a stable, safe, and nurturing home is critical. The court will consider factors such as financial stability, the suitability of the living environment, and the parent’s capacity to meet the child’s everyday needs.
3. The Child’s Preference
If the court determines the child is of sufficient age and maturity, the child’s own preferences may be considered. However, this is just one factor of many and will not solely determine the outcome.
4. The Mental and Physical Health of Each Parent
Courts evaluate whether either parent faces physical or mental health challenges that could impact their ability to care for the child. This includes assessing any history of substance abuse or untreated mental health conditions.
5. Parental Cooperation
Cooperation between parents can significantly influence custody decisions. Courts often favor arrangements where parents demonstrate a willingness to work together for the child’s benefit. High-conflict co-parenting relationships may lead to adjustments in custody arrangements.
6. The Child’s Current Environment
Courts typically aim to maintain consistency in a child’s life, particularly with regard to their home, school, and community. Stability is an important factor in minimizing the impact of divorce on the child.
7. Any History of Domestic Violence
Any history of domestic violence, including abuse aimed at the child, one of the parents, or others within the household, is a critical factor. Safety is a top priority in custody decisions.
Common Questions About Custody Arrangements in Michigan
Many divorcing parents have questions about custody and how the process works in Michigan. Here are answers to a couple of common concerns:
- Will custody be split evenly between both parents?
Michigan courts aim to ensure children maintain meaningful relationships with both parents. However, custody does not have to be split 50/50. The arrangement depends on what is best for the child’s specific needs and circumstances.
- Can we create our own custody arrangement?
Yes, parents can create their own custody plan. However, the court must approve the plan to ensure it serves the best interests of the child.
Get Support From Family Lawyers in Michigan
Navigating custody arrangements during a divorce can feel overwhelming, but support is available. Working with an experienced family law attorney can provide the guidance and support you need to protect your parental rights and create a plan that supports your child’s best interests.
At Bashore Green Law Group, we understand how much your family means to you. With years of experience in Michigan family law, our team is committed to helping parents like you through each step of the custody process.
Call us today at (248) 487-1887 to schedule a consultation. Together, we can work toward a resolution that supports you and your child as you move forward.
