Protecting Your Children At The Crossroads Of Custody Decisions
Ensuring the safety and protection of your children is one of the most important functions that I perform as a family law attorney. No two families are the same, and you deserve to have an attorney in your corner who advocates for their best interests. You can count on me to do that when it matters most.
The custody and parenting time decisions you make now will have a long-term impact on the lives and future of your kids. At my firm, Lashier Law, PLLC, in Clinton Township, you will find the support you need during this critical decision-making juncture. I draw on extensive experience and in-depth knowledge of Michigan family law to help my clients arrive at well-thought-out arrangements that suit their unique circumstances. And because I am also a certified mediator, I understand how to dig deep to find common ground and come up with creative arrangements that work well for everyone involved – most of all, the children.
Learn more about my mediation services for custody cases.
Understanding Child Custody In Michigan
Custody determinations are based on the best interests of the child or children. There are two aspects of child custody in Michigan:
- Legal custody refers to the authority to make life decisions regarding the child’s religion, schooling, health matters and more
- Physical custody refers to the actual visitation schedule the family uses
Except in cases involving domestic abuse, severe mental health issues, substance abuse or other extenuating circumstances, legal custody is usually split equally between both parents.
In determining physical custody, Michigan courts will look at the following best interest factors, which are written into state law:
- (a) The love, affection and other emotional ties existing between the parties involved and the child.
- (b) 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.
- (c) 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.
- (d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- (e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
- (f) The moral fitness of the parties involved.
- (g) The mental and physical health of the parties involved.
- (h) The home, school, and community record of the child.
- (i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
- (j) 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. A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child’s other parent.
- (k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
- (l) Any other factor considered by the court to be relevant to a particular child custody dispute.
I take a thorough approach to addressing both aspects of custody and developing the strong evidence and arguments necessary to advocate for the children’s best interests.
Navigating Joint Custody Arrangements
Joint custody means both parents share responsibilities and time with their children. This setup can strengthen family bonds by letting kids maintain close relationships with each parent. Children often feel more secure knowing both parents stay involved in their daily lives. Yet, it demands strong teamwork. Disagreements over schedules or decisions can create tension, especially if old conflicts from the separation persist.
To make it work, focus on clear rules from the start. Set regular check-ins to discuss school events, health needs or holiday plans. Utilize tools like shared calendars to track pickups and activities without constant back-and-forth. If emotions run high, pause and revisit later.
Remember, putting the child’s needs first builds trust over time. With my mediation skills, I help parents find middle ground, avoiding court battles that drain everyone.
Understanding Parenting Plans
A parenting plan outlines how parents will raise their children after parting ways. It covers daily routines, holidays and big choices like education or medical care.
Creating a parenting plan starts with listing what matters most. Think about school weeks, weekends and summers. Include rules for communication, like how to handle changes or emergencies. Factor in each parent’s work hours and the child’s age. Younger kids might need more routine, while teens could want input.
A solid plan might address:
- Daily schedules
- Holiday rotations
- Decision-making processes for school choices or extracurriculars
- Guidelines for introducing new partners to avoid surprises
- Conflict resolution methods
I work closely with clients to develop these plans, gathering details about their family dynamics to confirm that they are practical and fair.
Relocation And Moving With Children
If a parent wants to relocate more than 100 miles from the child’s current home, court approval is often needed. This protects the child’s access to both parents and helps prevent sudden upheavals.
For interstate moves, federal laws come into play alongside state ones. Courts weigh whether the move serves the child’s best interests, considering factors such as job opportunities and family support. The nonmoving parent can object, leading to hearings where evidence shows an impact on relationships or schooling.
Requirements include providing written notice at least 60 days in advance. This must explain the reasons and how parenting time could be adjusted. Courts might modify schedules or deny the move if it harms the child. My focus on fair outcomes helps families adapt without losing vital connections.