Child custody disputes are emotional and difficult. Unfortunately, many people use their children as pawns in these disputes, which is unfair to the children. If you see divorce on the horizon, then you should meet with a Grand Haven custody attorney as soon as possible. An attorney can help build a case for child custody the right way, which should protect your ability to be with your children.
Child custody has two parts—legal custody and physical custody. A parent can have one or both, and parents can share both legal and physical custody:
Parents can share joint custody, meaning that each parent has legal custody, or one parent can be given sole or full custody. In Michigan, joint custody is preferred, but a judge must make a decision in the best interests of the child.
The parent who is not awarded physical custody should be given “parenting time,” which used to be called visitation. The parenting schedule should layout when the noncustodial parents get to see the children.
Long gone are the days when judges routinely awarded custody to mothers. Instead, the state views both mothers and fathers equally. All child custody decisions are made with a focus on what is in the child’s best interests. This test encompasses a variety of factors, including:
The court can also consider any other relevant factor. To better understand how a judge will analyze your issues, you need to meet with a Grand Haven child custody attorney to assess your situation.
Child custody orders often need to be changed since life rarely stands still. If the current order no longer works for your child or either parent, then the judge might consider modifying it.
To request a modification, a parent must file a motion with the court. A judge will need to see that there has been a substantial change in circumstances and that a change is in your child’s best interests. Often, judges are hesitant to modify orders, so you need to carefully plan your request to be successful.
Child custody disputes are difficult and require the right legal representation. At the Van Den Heuvel Law Office, we have represented mothers and fathers in child custody disputes and requests for modifications.
To schedule a free consultation, please reach out to us today.