Michigan Family Law Attorney Assisting Clients with Child Custody Cases in Rochester Hills
Divorces in Rochester Hills are never easy, especially on the kids. If you need help developing a child custody arrangement or are engaged in a child custody dispute, an experienced Rochester Hills child custody lawyer can help with your case. In the meantime, you should learn more about how child custody works in Michigan.
What is Child Custody in Rochester Hills, Michigan?
Under Michigan law, child custody is a term that is used to refer to the “rights and responsibilities for each parent and child.” As the State Court Administrative Office and Michigan Supreme Court explain, custody is “not a term used to indicate ownership, but rather a determination of the time a child is going to be with each parent and each parent’s responsibility to make decisions on behalf of the child. The Michigan Child Custody Act of 1970 governs child custody matters in Rochester Hills and throughout the state.
There are two different types of custody in Michigan:
- Legal custody: this refers to the decision-making authority for the child’s upbringing and well-being. Legal custody does not have any bearing on the amount of time that a parent spends with the child, but rather the parent’s right to make decisions about how the child is raised, including the child’s education and religion. Legal custody also is not dependent upon a parent having physical custody.
- Physical custody: this refers to the amount of time that a parent spends with the child and provides day-to-day care for the child. When a parent has physical custody (or shares physical custody with the other parent), this is known as parenting time. When a child is living or staying with the parent who has physical custody, that parent makes routine decisions about the child’s upbringing and well-being, as well as any emergency decisions regarding issues that might arise.
Common Rochester Hills Child Custody Arrangements
Who gets legal custody, and who gets physical custody? The question is not as simple as it might seem. In Michigan, courts tend to start from the assumption that it is best for both parents to be involved in a child’s life unless there are reasons to believe otherwise. This does not mean that parents share equally in both types of custody, however. The following are different scenarios in which custody can be awarded:
- Joint legal custody and joint physical custody;
- Joint legal custody and sole physical custody;
- Sole legal custody and joint physical custody; and
- Sole legal custody and sole physical custody.
The court ultimately makes custody decisions based on what is in the best interests of the child. In some situations, parents can agree to custody arrangements without the court having to design the arrangement.
Contact a Rochester Hills Child Custody Lawyer
Child custody determinations can be complicated, and it is important for parents to know that a dedicated Rochester Hills child custody attorney can help you through every stage of the process. Whether you need assistance advocating for your rights to legal and physical custody, or if you need assistance modifying a child custody order, we can help. Contact the law office of Paul J. Tafelski for more information.