Are you trying to get more time with your child or protect the time you already have? Michigan’s custody process can be tough, especially if the other parent is fighting you every step of the way. However, you don’t have to handle this alone.
The custody lawyers at Creighton McLean & Shea PLC know how local judges handle custody, parenting time, and related issues. We can help you ask the court for what your child needs and defend your role as a parent. We can also act quickly if the other parent is disobeying an order or putting your child at risk.
Contact our team now to arrange your free consultation and discuss your next move.
Michigan law divides child custody into two parts: legal and physical custody. Legal custody gives a parent the right to make important decisions for a child. These decisions include where the child goes to school, what medical care the child receives, and choices about the child’s religious upbringing, if any. Physical custody, on the other hand, determines where the child lives most of the time.
Parents can share either type of custody, or one parent can have it alone. Joint legal custody means the parents must talk and decide big issues together. Joint physical custody means the child spends time living with each parent. Courts don’t always split parenting time or decision-making rights equally. The judge will look at the facts of the case and decide what works best for the child.
Parenting time is the legal term for the time a child spends with each parent when the parents do not live together. In Michigan, the court orders parenting time based on what will support the child’s health, safety, and emotional needs. If parents have joint physical custody, the schedule might split time evenly or nearly evenly. If one parent has sole physical custody, the other parent usually still gets parenting time unless the court believes such an arrangement would be harmful to the child.
Parents can agree on a parenting time schedule or ask the court to decide. Some families use detailed schedules with specific dates and times. Others use “reasonable parenting time” arrangements, which allow parents to work things out as they go. Judges may also order supervised parenting time if the child’s safety is a concern. The court expects both parents to follow agreed-upon schedules and help the child maintain a strong relationship with both parents.
Unmarried parents in Michigan must take extra steps to get custody rights. The person who gives birth is automatically considered the child’s legal parent, but the other parent must establish legal paternity before they can ask for custody or parenting time.
Parents can establish paternity by signing and filing Affidavits of Parentage, or one parent can ask the court to order DNA testing. Once paternity is established, either parent can file a custody case. Until there is a court order, however, the mother has full custody, even if both parents signed an affidavit. This means the mother decides where the child lives and makes all legal decisions.
Fathers who want parenting time or joint custody need to ask the court for an order. Once a judge enters a custody or parenting time order, both parents must follow it. Without one, unmarried fathers have no legal right to custody or visits.
When Michigan judges decide custody cases, they don’t just look at which parent wants more time or who makes more money. Their focus is on what’s best for the child. Judges use the following “best interests of the child” factors to decide where the child should live, who should make decisions for the child, and how to handle parenting time:
Parents sometimes need to modify custody orders as life changes, but Michigan courts don’t let parents change custody arrangements just because they want to. The parent who wants the change must show the court there’s been a significant shift in the child’s life or the parents’ situations. This might include changes in health, home life, safety, or the child’s needs.
If a parent can demonstrate this kind of change, the court will look at the current custody arrangement to see if a modification would suit the child’s best interests. If the child has had a stable routine with one parent, the judge will require strong evidence that a change would benefit the child. Either way, the judge will always focus on what helps the child the most.
If a parent doesn’t follow a court-ordered custody or parenting time arrangement, the other parent can ask the court for help. Michigan courts take these orders seriously. If a parent skips scheduled parenting time, refuses to return a child, or tries to interfere with visits, that can lead to enforcement actions.
Affected parents can file parenting time complaints with the Friend of the Court. This office can look into the issue and try to help the parents fix it. If that doesn’t work, the case could go to a hearing. Judges can enforce custody orders by changing schedules, ordering make-up time, or even modifying custody. In serious cases, the court can even fine offending parents or hold them in contempt. If you think the other parent may try to take or hide your child, you can ask the court for emergency help.
If you have questions about custody, parenting time, or your rights as a parent, now is the time to talk to a lawyer. The team at Creighton McLean & Shea PLC knows how Michigan courts handle custody and what steps you need to take. We will listen to your concerns and give clear advice about what to do next.
Contact us today for your free consultation to get the support you need to make informed decisions.
