Experience * Integrity * Compassion * Tenacity

Family Law Attorneys for Men

Divorce Alimony/Spouse Support Property Division Child Custody
Child Support Paternity Post-Judgment Issues Pre & Postnuptial Agreements

CHILD CUSTODY

Sterling Law Office attorneys are dedicated to helping clients understand the legal aspects of child custody and/or visitation situations. We educate clients on their rights and options to help them make informed decisions about their cases. Sterling Law Office attorneys are experienced in family court and aggressively pursue a resolution that best suits your specific situation and the well-being of your children.

  • At the beginning of a divorce, temporary parenting time should be established right away. This gives the parties structured access to the children throughout the course of the divorce.
  • Legal custody is a type of child custody in which rights are given to one parent (sole) or both (joint) to be involved in any decisions made for the child.
  • Physical custody is guided by the best interests of the child and governs where the child will spend his or her physical time.
  • Formerly (and still frequently) known as visitation, parenting time is the time spent with the child. Parenting time often has an impact on how custody may be awarded.
  • According to the Michigan Child Custody Act, there are 12 specific factors that affect custody. Our lawyers have an extensive understanding of these factors and how they may affect your case.

One area of custody that often arises is relocation or change of domicile. We provide representation to parents wishing to relocate and take their children with them in-state or outside of Michigan, and to parents opposing a relocation action. Specific guidelines must be followed when seeking a modification to a custody order based on relocation.

A variety of possible custody arrangements can be set up, depending upon the particular family circumstances. Following is an explanation of how custody matters proceed and definitions of the different forms custody can take.

Defining custody during family dissolution: the issue of custody arises when parents of minor children decide to separate. Some couples cooperate and negotiate for themselves an agreement about custody for the short-term, while the separation or divorce gets settled, and for the long-term. When the parents cannot agree on a custody plan, a hearing for temporary custody is held by the family court to issue an order that outlines a temporary custody assignment. Temporary custody is often granted to the person who remains in the family home, or who typically has done the majority of day-by-day care of the children. Temporary custody orders very often determine what the permanent custody order will be.

Mediation: if custody or a divorce proceeding is contested, Michigan family court requires the parties to attend mandatory mediation. Mediation is a method the courts use to try to resolve disputes without going to trial. The parties meet with a professional mediator to review and attempt to come to agreement on issues of contention, such as custody arrangements. When a custody plan is agreed upon in mediation, it can include a requirement that future custody or visitation disagreements must be returned to the mediation process.

Custody evaluation: when custody is in dispute, the family court may order a custody evaluation before a custody determination is made. The evaluation will include interviews with the parents, the children, and possibly other knowledgeable witnesses. It can also involve psychological testing of the parents and children. A court-appointed social worker, psychologist or other mental health specialist carries out the evaluation and then makes a recommendation on custody to the court. The evaluation process may take from one to three months.

Modification of custody: after a permanent custody agreement has been reached by the parties or ordered by the court, parents can go back to court to request a change or “modification” in the custody arrangement. In Michigan and the majority of states, to protect the children and parties from the turmoil of continuing court battles and upheaval, the parent asking for a modification must show a significant change in circumstances or “proper cause,” and the request must be made and proceed through the family court in the state where the children live.

Sole custody: sole physical custody means the children will reside primarily with one “custodial” parent. The other is the “non-custodial” parent, who will have a schedule for visitation (also known as parenting time) when the children may stay with that parent, such as on alternate weekends, certain holidays or school breaks, etc. Some families elect for one parent to have sole physical custody while sharing legal (decision-making) custody jointly. One parent would generally only have both sole physical and sole legal custody if the other parent presented some form of harm or danger to the children.

Joint custody: joint physical and legal custody means the parents share the responsibilities for both day-by-day care and living situation of the children, as well as decision-making for the children. Parents must be cooperative with one another and able to perform as a parent team to be able to function well with joint custody.

Bird nest custody: as with baby birds and implied by the name, bird nest custody means the children stay in the pre-separation family home, or in a new family home, and the parents move in and out according to their schedule of visitation. Again, this arrangement, while it can be reassuring and give continuity and a sense of security to the children, requires that the parents collaborate, co-parent and not be at hammer-and-tongs with one another.

Split custody: not used as frequently as other types of custody because it entails separating brothers and sisters, a split custody situation is when each parent has custody of different children. Making decisions about custody is always going to be very hard for a parent. Inevitably it means giving up some part of time with and rearing of children. The manner in which a custody agreement is reached and the building blocks for the future which are laid in the process are of monumental importance for parents and children. The family law attorneys at Sterling Law Office strongly recommend that parents seek early, experienced legal assistance before tackling custody matters or choices.

Contact us today to schedule a meeting or for questions on your custody matter at Sterling Law Office, (231) 326-4010 or toll free at (877) 221-7628.