Michigan Child Custody Attorney Serving Clients in Troy
Child custody cases are difficult, even when the parents generally agree about how the child should be raised and how much time should be spent with either parent. Indeed, when you have to go to court to reach a final custody order, the process can be emotionally tough for everyone involved. For children, in particular, it is important to settle into a new routine after a divorce as quickly as possible so that the child can acclimate to the changes taking place in the family.
If you are in the process of filing for divorce or need assistance modifying a child custody order, an experienced Troy child custody lawyer can assist you.
Learning More About Child Custody in Troy, Michigan
When we talk about child custody, what do we mean? Child custody refers to the responsibilities of parents for their children, and child custody issues often arise during a divorce proceeding. The Michigan Child Custody Act of 1970 governs child custody matters in the state. Under the statute, when parents are involved in a custody dispute, it is up to the court to “declare the child’s inherent rights and establish the rights and duties as to the child’s custody, support, and parenting time” in accordance with the law.
How does the court make a decision about child custody? In short, it seeks to determine what kind of custody situation is in the “best interests of the child.” To evaluate and determine what is in the best interests of the child, the court looks to many different factors, such as the ability to provide for the child, the child’s home and community, and in some cases the child’s preference. These are just a few of the factors that can play a role in helping to determine what is in the best interests of the child, and no single factor is dispositive.
Legal and Physical Custody
You might have heard that the court award both legal and physical custody. What is the difference between the two?
- Legal custody refers to the decision-making responsibilities of the parent. For example, where should the child attend school? What type of medical care or other healthcare should the child receive? In what religion, if any, should the child be raised? Legal custody can be awarded as sole legal custody (to just one parent) or joint legal custody (to both parents.
- Physical custody refers to the time the child spends with the parent, which is time in which the parent engages in caretaking functions and also makes routine decisions about the child’s well-being. For instance, what should the child have for breakfast? At what time should the child complete her homework assignments? Similar to legal custody, physical custody can be awarded as sole physical custody (only one parent has physical custody) or joint physical custody (both parents share physical custody).
Learn More from a Troy Child Custody Attorney
To learn more about child custody law in Michigan, you should speak with a Troy child custody attorney as soon as possible. Contact the law office of Paul J. Tafelski today.