Child Custody Attorney Serving Clients in Birmingham, Michigan
Child custody issues are among the most difficult family law matters in Michigan. At the law office of Paul J. Tafelski, we know how stressful it can be to face questions about child custody, and we also know that you may feel that there is a lot of pressure on you. We are here to advocate for your rights as a parent.
The Michigan Child Custody Act governs most issues surrounding child custody in the state. An experienced Birmingham child custody attorney can talk with you today and can discuss your child custody case.
Learning More About Child Custody in Birmingham, Michigan
What is child custody in Birmingham, and what goes into a child custody order? Under the Michigan Child Custody Act, child custody refers to the rights and duties of a parent’s custody, support, and parenting time for their minor children. The Act also seeks to declare the rights of minor children, to establish parents’ duties of support, and to make provisions for modifications of child custody orders.
When a court decides a child custody case, the judge will order both legal and physical custody. When a parent has legal custody, it means she has the responsibility of making important decisions about the child’s long-term well-being and upbringing. Legal custody can be shared between both parents. When a parent has physical custody, it means she has the responsibility of providing physical care for the child and meeting the child’s day-to-day needs. Similar to legal custody, physical custody can be shared between the parents.
Common Questions from Parents in Birmingham Child Custody Cases
When parents are involved in a contentious child custody case, they often have many different questions about how the court will handle child custody matters and what kinds of rights they have as parents. We regularly receive and can assist with the following questions:
- What is the difference between legal and physical custody?
- How does a judge decide between sole and joint custody?
- Am I entitled to parenting time?
- What will happen if I plan to move out of Michigan?
- What happens if I cannot communicate with the other parent?
- Can my child make her own decision about her living situation?
- What is the best interests of the child standard, and how does it affect child custody orders in Birmingham?
- Is it possible to modify a child custody order when there is a change in circumstances?
- What factors does the court consider in modifying a child custody order?
When Do Courts in Birmingham Consider a Child’s Preference?
In some cases, the court will take into serious consideration the child’s preference for where she or he wants to live. The Act specifies that “the reasonable preference of the child, if the court considers the child to be of sufficient age to express preference,” can be a factor in the physical custody order. However, in order to take the child’s preference into consideration, the judge must determine whether the child is old enough and mature enough to make such a decision.
The judge often looks to see whether the child is old enough and mature enough to have an understanding of the circumstances, and whether the child’s preference has remained consistent over time.
Contact a Birmingham Child Custody Lawyer
Child custody cases in Michigan are complex. If you need assistance with a child custody case or a modification, an experienced Birmingham child custody lawyer can discuss your options with you. Contact the law office of Paul J. Tafelski to speak with a dedicated advocate today.