Child visitation and custody
Crafting a child custody and visitation agreement with your ex-spouse can be really emotionally and logistically challenging. But don’t worry, we’ve pooled our knowledge of Michigan’s custody system to write this overview article showing how you can create the best scenario for you and your child while minimizing difficulties between you and your ex-spouse, regardless of your situation. This article has you covered regardless of whether you’re learning the basics of custody, want to improve your existing visitation agreements, or anything in between. As always, we recommend you consult a custody lawyer to ensure you navigate the laws surrounding your children and ex-spouse as effectively as possible.
What is child custody?
Custody over a child refers to being the guardian who makes decisions about the child’s upbringing, health, and education. The person who provides custody may also provide housing for the child on a part or full-time basis.
What Are the different Types of custody?
It’s important to note that family law courts make custody decisions based on a dependent child’s best interests, not based on the parents’. Many courts ensure that both parents get to see the children, but will give one parent more custody than the other, which includes visitation or housing rights. Courts aim to include both parents in a child’s life, but they’ll often give one parent more custody than the other, depending on the circumstances. Here are the main kinds of custody issued by a family court in a divorce case:
This refers to the parent who has possession over the child–with whom the child lives. The court rarely gives one parent sole physical custody over the child.
This refers to a parent given the ability to make crucial life decisions on the child’s behalf, regardless of whether they have physical custody.
This is where the child spends time with each parent. This is the most common kind of custody.
This is where children get split between 2 households. However, family law courts generally like keeping siblings together, so this is the rarest kind of custody.
Are There Things That Can Affect Who Gets Child Custody?
The child’s best interests is the guiding principle for the court’s custody decisions. Courts also take these other factors into account:
- The child’s parents physical and mental health
- The child’s own wishes above a certain age
- Cultural and/or religious considerations
- Stability of each home
- The child’s ability to interact with extended family and relatives.
- Other related factors that may vary from case-to-case
How Does Visitation Work?
Visiting your child is an incredibly important part in boosting your child’s well-being while bolstering your relationship. Visitations are court ordered limits on the amount of time when the non-custodial parent can visit the child. The parents typically must work out the details of the visitations themselves. Custodial parents generally have more say over the visitation times. A parent can call for a hearing in court if they feel they’re not getting fair visitation.
Are You looking for a Family Law Attorney? Call us!
Our Detroit Family Attorneys have expertise in every area of family law, including divorce, child custody, child support, domestic violence, and other areas of family law. Call today for a free consultation to learn more about your options and how we can help.
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