Child Custody Attorney - Child Visitation

Serving Detroit, Ann Arbor and all of Michigan

Child custody and child visitation, or parenting time, are probably some of the most emotionally draining, stressful issues you'll have to contend with during a divorce.

While the court's mandate is to protect the best interests of the child in such matters, this can be very difficult to determine, because the subject is so contentious.

The first step, when approaching issues of child custody, parenting time, and visitation, is to find the best possible legal representation, to help you protect you and your child's interest.

At the same time, it is vital to evaluate the situation as objectively as possible. Ask yourself questions such as:

• What can you offer the child? What are your strengths as a parent? For example, are you able to offer the child more of your time, a more stable home, more financial security?
• What are your weaknesses as a parent? Are there financial constraints, limits on your time? Do you have any other issues, such as drug or alcohol issues, a criminal record, or other factors that might weigh against you in court?
• How does the child's other parent measure up to your strengths and weaknesses?
• What documentation and other evidence can you gather to illustrate your case? Are there friends, family members, teachers, social workers, or neighbors who can testify on your behalf in court?
• What special needs or considerations should be taken into account? Does the child have siblings in the home? If you and the other parent live in different school districts, how do they compare?

Most courts make every effort to maintain some parenting time for both parents, but the degree and extent of those relationships can vary significantly.

Legal and Physical Custody

There are two aspects of child custody—legal custody and physical custody. Legal custody refers to the right to participate in important decisions which can affect the welfare of a child (ie: medical decisions, educational decision, religious decisions). Michigan law favors joint legal custody and judges prefer joint legal custody except in cases in which the parties are completely incapable of cooperating in order to promote the bests interest of each child. Physical custody refers to where the child will physically reside on a day-to-day basis.

In terms of custody arrangements, there are two general types of arrangement: Sole custody and joint custody.

Sole Custody v Joint Custody

This is a distinction that has become less important over time. The primary consideration with respect to physical custody of a child is parenting time (what time will the child spend with each parent), rather than unproductive labels such as "sole" custody. "Sole" custody sounds too much like a term associated with "winning" and "losing." The goal of the court is to maximize the time spent with each parent and to have each parent do everything within their ability to foster a positive relationship between the child and the other parent.

The amount of parenting time may be important with respect to the calculation of child support. Michigan uses a different child support calculation formula for noncustodial parents who have 128 or more overnights with a minor child during a year. The use of Michigan Shared Economic Formula instead of the normal Michigan Child Support Guidelines will produce a significantly lower child support figure. This fact needs to be taken into account by the parties in determining their custody and parenting time arrangements.

If you have additional questions about child custody and child visitation, please visit the following pages:

• Custody and Visitation Frequently Asked Questions
• Child Support
• Changes to Permanent Orders

If you need help

If you are currently negotiating child custody and visitation with your child's other parent, it is essential that you have a seasoned, professional, child custody attorney representing your interests and the interests of your child in these matters.

Call or email us today to schedule a consultation and learn more about what you can do to fight for what is best for your child. For your free initial consultation with the experienced child visitation lawyers at Robert G. Morrison & Associates, P.L.L.C., click here or call our offices today.