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Legally Reviewed by: Ryan Kelly
Partner, Divorce Lawyer

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Michigan Child Custody Lawyer

Child custody has been an evolving legal matter over the last century, particularly, in the State of Michigan. For instance, the father used to have absolute property rights to the children. Afterwards, the law shifted, and generally considered the mother as the preferred parent. In the modern day, Michigan’s standard of child custody is “best interest of the child.” In other words, one parent cannot receive biological preference as the sole determining factor of custody.

As experienced child custody lawyers in Michigan, Kelly & Kelly P.C. understands legal factors involved in determining “the best interest of the child” and other processes involved in Michigan family/divorce court.

If you have concerns involving child custody or divorce, call our experienced Michigan family law firm today.

Child Custody Attorney Ryan Kelly in The Media

How We Can Help

The family law attorneys of Kelly & Kelly P.C have represented clients throughout Michigan for over 30 years. Our law firm has experience in all courts throughout the State and understands the complexities of the legal system. When you hire our firm, you get an entire team of experienced and passionate attorneys working on your case. If you’re looking for a child custody lawyer, Kelly & Kelly P.C is a strong ally for these cases.

Michigan Child Custody Laws

This section provides a general overview of Michigan child custody laws. For a more in-depth description and analysis of these laws, you can refer to our comprehensive article on Michigan custody laws.

Michigan child custody laws focus on the child’s best interests, considering factors like emotional ties, each parent’s stability, and the child’s adjustment to home, school, and community.

The laws allow for joint or sole custody, encompassing both physical (where the child lives) and legal custody (decision-making authority for the child).

Courts encourage parenting plans that involve both parents in the child’s life, but the final custody arrangement is determined based on what will best serve the child’s needs and welfare.

The two main types of child custody are: physical and legal.

  • Physical custody refers to where a child lives. In other words, which parent does the child live with and for what percentage of time does the youngster stay with that parent. Mom and Dad may share physical custody; 50/50, 70/30, or 80/20. The 80/20 schedule is usually a sole physical custody arrangement where the child lives with one parent and visits the other one.
  • Legal custody determines who makes various decisions in the child’s life. The decisions may include health care, education, religion, and others. Usually, there is a joint legal custody agreement in place. In a joint arrangement both parents are involved in determining what’s best for the young person. However, if one person has sole legal custody, that person makes all legal decisions for the child. This may happen if one or both parents are unable to raise a child for any reason.

Child Custody Lawyer Legal Services

Our child custody lawyers offer a range of services tailored to resolve custody issues and ensure the child’s best interests are protected. These services include but are not limited to the following,

Child Custody Arrangements: Advising on and drafting agreements for physical and legal custody.

Parenting Time (Visitation): Creating schedules and plans for non-custodial parent visitation.

Child Support: Calculating, negotiating, and enforcing child support payments.

Modification of Custody Orders: Assisting in the modification of existing custody orders due to changes in circumstances.

Paternity Establishment: Legal support in establishing paternity for custody and support matters.

Relocation Disputes: Representing parents in cases where one parent wishes to move with the child.

Guardianship: Establishing guardianship arrangements in cases where parents are unable to care for their child.

Enforcement of Court Orders: Ensuring that existing custody and visitation orders are followed.

Mediation and Arbitration: Offering alternative dispute resolution methods to settle custody issues outside of court.

Advocacy in Court: Representing parents in custody hearings and litigation.

Parenting Time

In Michigan, there is a presumption that it is in the best interest of the child to have a strong relationship with both parents. If one parent has sole physical custody of a child in Michigan it is presumed that the other parent will be granted parenting time, which means spending time with the child. This might mean certain weekends, holidays, certain extended vacations. Courts and parties can get creative in determining parenting time in Michigan.

Parties are free to come to an agreement on their own about parenting time in Michigan cases, which are subject to the court’s review of the “best interest of the child” or a court may determine the parenting time.

Parenting time is modifiable in Michigan by the parties consent or a party filing a motion, and the court making a determination if proper cause has been shown and if there is a change of circumstances, which warrant the modification.

Temporary Order Of Custody

During a family court proceeding such a divorce in Michigan the court may grant a temporary order of custody. This is not the final judgment, but may become a final judgment if the Michigan family court should order the child to remain in the same custodial environment.

One important facet of the temporary order is that it could lead to a custodial environment being established, which would apply the higher standard for the other parent changing the child’s custody situation in Michigan.

Legal forms titled Child Custody Action Cover Sheet from the State of Michigan Third Judicial Circuit in Wayne County

Michigan Sole Custody vs Joint Custody

In Michigan sole custody means that one parent has primary physical custody as well as legal custody of the child.  Joint custody in Michigan means that parents could share one or both of physical and legal custody.

Legal custody of a child in Michigan is defined as a parent having the responsibility over major decisions regarding the child’s upbringing, medical treatment, school enrollment, religious instruction and other similar matters.

Decisions are to be made with the parent who has physical custody of the child at the time that the decision is made.  This means that the parent without legal custody of a child, may make certain decisions for the child while spending their parenting time.

Child Custody Lawyer FAQ

Child custody refers to the legal arrangement determined either by agreement between parents or by a court decision, which outlines how parents will share responsibilities and time with their child after a separation or divorce. It encompasses both physical custody, which involves the child’s living arrangements, and legal custody, which grants parents the right to make significant decisions about the child’s upbringing, including education, healthcare, and religious instruction. The overriding principle in determining custody is always the child’s best interests, taking into account factors like the child’s needs, the stability of each parent, and the child’s relationship with each parent.

In Michigan, child custody matters are typically resolved through the court system. However, parties can agree to use arbitration to resolve their disputes privately. Arbitration is a form of alternative dispute resolution where an arbitrator, a neutral third party, makes decisions regarding custody after hearing from both parents. The arbitrator’s decision can be binding or non-binding, depending on the terms agreed upon by both parties. It’s essential to consult with a family law attorney to understand the implications of choosing arbitration over traditional court proceedings for child custody matters.

Yes, in Michigan non-custodial parents must not be denied access to records and information concerning their child unless that parent is specifically prohibited from having records by a protective order. These records may include records pertaining to school, medical, dental, day care and notification of meetings regarding the child’s schooling like a parent-teacher conference.

Yes, Michigan law prohibits a parent of a child in a joint custody arrangement in Michigan from moving more than 100 miles away from the child’s legal residence at the time the custody order was issued. There are exceptions in Michigan cases such as the other parent agreeing or if the original residence was initially 100 or more miles away, and this move actually brings the child closer.

In Michigan the court will apply a “reasonable preference” as one of the factors in making a determination. A Michigan judge may question the child outside the courtroom in order to obtain the preference, which removes the child from having to state their preference in front of both parents. A Michigan court must state on the record if a preference was expressed, and if the preference was considered in the decision, but the court does not need to announce the preference, it will just be one factor of the court’s decision. In general, the older and more mature the child, the greater the weight the preference in the court coming to a decision.

Yes, during a family court proceeding such a divorce in Michigan the court may grant a temporary order of custody. This is not the final judgment, but may become a final judgment if the Michigan family court should order the child to remain in the same custodial environment.

One important facet of the temporary order is that it could lead to a custodial environment being established, which would apply the higher standard for the other parent changing the child’s custody situation in Michigan.

Yes, in Michigan non-custodial parents must not be denied access to records and information concerning their child unless that parent is specifically prohibited from having records by a protective order. These records may include records pertaining to school, medical, dental, day care and notification of meetings regarding the child’s schooling like a parent-teacher conference.

Yes, Michigan law prohibits a parent of a child in a joint custody arrangement in Michigan from moving more than 100 miles away from the child’s legal residence at the time the custody order was issued. There are exceptions in Michigan cases such as the other parent agreeing or if the original residence was initially 100 or more miles away, and this move actually brings the child closer.

In Michigan the court will apply a “reasonable preference” as one of the factors in making a determination. A Michigan judge may question the child outside the courtroom in order to obtain the preference, which removes the child from having to state their preference in front of both parents. A Michigan court must state on the record if a preference was expressed, and if the preference was considered in the decision, but the court does not need to announce the preference, it will just be one factor of the court’s decision. In general, the older and more mature the child, the greater weight the preference in the court coming to a decision.

Yes, during a family court proceeding such a a divorce in Michigan the court may grant a temporary order of custody. This is not the final judgment, but may become a final judgment if the Michigan family court should order the child to remain in the same custodial environment.

One important facet of the temporary order is that it could lead to an custodial environment being established, which would apply the higher standard for the other parent changing the child’s custody situation in Michigan.

Legal Areas Related To Child Custody

Best Interest of the Child
Child Support
Divorce
Friend of the Court

High Conflict Divorce
Parenting Time
Paternity
Spousal Support

Talk To a Child Custody Lawyer

With extensive experience in Michigan’s family law courts, our child custody attorneys bring a wealth of knowledge to every case, particularly those intertwined with divorce proceedings. Our collaborative approach means you benefit from a team of seasoned lawyers dedicated to your family’s well-being.

If you or someone you know are navigating the complexities of child custody or divorce, we invite you to schedule a confidential consultation to explore how we can support you during this pivotal time.

Headshot of Ryan Kelly a family law attorney Ryan Kelly
Partner

This page was legally reviewed by Ryan Kelly. Ryan has been a practicing family law and divorce lawyer for over a decade. Throughout this time she’s represented clients through various complex issues involving the family court system. This includes divorces, child custody, contested divorces, alimony, and more. She previously served as President for both the WLAM and the Women’s Bar Association and is recognized among the top 10 lawyers under 40 by the National Academy of Family Law Attorneys. She also contributes regularly to the Institute of Continuing Legal Education (ICLE) as a speaker on issues involving family law and child support.