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Defending Child Custody

Child Custody Attorney Defending Parents’ Rights in Michigan

When you are a parent, it can be one of the most devastating experiences to learn that you may not be able to care for your child on a day-to-day basis or to make important decisions in your child’s life because of a court decision. Child custody battles between parents can be extremely contentious, and it is important to understand how the court decides child custody cases, particularly when the parents cannot agree to any terms surrounding physical or legal custody of the child.

When you are facing a child custody dispute, it is extremely important to work with an experienced Michigan child custody attorney who can help to ensure that your voice is heard and that to protect your rights as a parent.

Types of Child Custody in Michigan

Under the Michigan Child Custody Act (MCL 722.21-722.31), child custody is decided based on what is in the best interests of the child. When child custody is not in dispute and the family can agree to terms of both legal and physical custody, then the court may find that such an agreement is indeed in the best interests of the child. However, when there is a child custody dispute, Michigan laws says that “the court shall declare the child’s inherent rights and establish the rights and duties as to the child’s custody, support, and parenting time.”

Defending Child Custody and Your Rights as a Parent in Michigan

Custody disputes most often involve the other parent, but sometimes grandparents or other third parties can also be involved in child custody disputes. We want you to know that you have rights as a parent. When the court makes determinations about child custody and what is in the best interests of the child, it looks to a number of different factors in the Michigan Child Custody Act, which include:

  • The love, affection, and other emotional ties existing between the parties involved and the child;
  • 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;
  • 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;
  • The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity;
  • The permanent, as a family unit, of the existing or proposed custodial home or homes;
  • The moral fitness of the parties involved;
  • The mental and physical health of the parties involved;
  • The home, school, and community record of the child;
  • The reasonable preference of the child, if the court consider the child to be of sufficient age to express preference;
  • 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;
  • Domestic violence, regardless of whether the violence was directed against or witnessed by the child; and
  • Any other factor considered by the court to be relevant to a particular child custody dispute.

Seek Advice from a Michigan Child Custody Attorney

At the law office of Paul J. Tafelski, we can help to show that having custody of your child would be in the child’s best interests. A Michigan child custody lawyer at our firm can get started on your case today. Contact us for more information.

 

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