Compassionate Grand Rapids Child Custody Attorneys

Matters dealing with child custody and visitation issues can be complicated and stressful. At the Van Den Heuvel Law Office, our focus is always on the best interests of each child involved in the divorce. It is our mission to provide families in the Grand Rapids area with compassionate guidance and intelligent representation to reach a resolution that works best for them, including creating a workable parenting time schedule. Our firm offers experienced, determined legal counsel across a wide range of family law matters, with a strong focus on child custody and parenting time cases.

Clients We Serve

Child custody situations come in many forms. The Van Den Heuvel Law Office works with parents across a range of circumstances, including:

• Parents seeking to modify or enforce an existing order: One parent is not following the current parenting plan, or circumstances have changed enough that the existing schedule no longer works.
• Divorcing parents: A parent going through a divorce with concerns about where the children will live, how parenting time will be split, and who will have decision-making authority.
• Unmarried parents establishing custody rights: A parent who was never married to the other parent and needs a formal order covering paternity, parenting time, decision-making, and child support.
• Parents dealing with relocation or long-distance parenting: One parent wants to move, or the parents already live far apart, and the current schedule is no longer workable given school schedules, travel, or exchange logistics.
• Parents in contested custody cases: The parents disagree on parenting time, school choice, healthcare decisions, safety concerns, or the arrangement that best serves the child.

What Is Child Custody?

Child custody is the term used in family law courts to define the legal guardianship of a child under the age of 18 years. During the divorce process, courts can determine child custody disputes for biological and adopted children. It is important to have a competent family law attorney assist you with your child custody and parenting time arrangements.

Types Of Custody And How Custody Is Determined

In Michigan, the courts presume it is in the best interests of a child to have a strong relationship with both parents. The court considers a variety of factors to determine what arrangement is in the child’s best interests, including whether one parent is relocating out of the home state. There are several types of custody arrangements, such as:

• Sole or full custody. Full custody or sole custody is when one parent provides the majority of the daily care for the child and has the exclusive right to make major decisions for the child.
• Joint or shared custody. Shared custody or joint custody, which is favored in Michigan, occurs when the parents share authority regarding important decisions affecting the welfare of the child.
• Physical custody. Physical custody refers to which parent the child resides with, and in the case of joint custody, when the child lives with each parent. The noncustodial parent is usually ordered to pay child support to the custodial parent.
• Legal custody. Legal custody refers to who makes the decisions affecting the welfare of the child or children. This includes issues of education, non-emergency healthcare, and religion.

Part of a custody order is a parenting time schedule. This is the schedule the child follows to ensure they maintain a consistent relationship with both parents. Parents can have joint or sole custody in either category. For example, the court may deem that in one family, joint legal custody with sole physical custody for the father is the best arrangement, whereas sole legal and physical custody to the mother is more appropriate for another family.

If parental negligence or abuse is an issue, it can play a significant role in determining the custody decision and parenting time arrangement.

How is Child Custody Determined?

The court considers 12 specific best-interest factors to determine an appropriate custody arrangement for a child. They are:

• The love, affection, and emotional ties between the child and the parents;
• Both parents’ capacity to provide love, affection, and guidance to continue the child’s academic and religious education, if applicable;
• The home, school, and community record of the child;
• Both parents’ moral fitness;
• Both parents’ capacity to provide the child with food, medical care, clothing, and remedial care as recognized by Michigan law;
• The length of time the child has been in a stable custodial environment and the desirability of keeping them in this environment;
• The permanence of the family units in both parents’ homes;
• Both parents’ mental and physical health;
• If applicable, the reasonable preference of the child;
• Each parent’s willingness to cooperate with the other for their child’s benefit in accordance with the custody order
• The presence of domestic violence in either parent’s household; and
• Any other factor the court deems to be relevant.

Modifying a Child Custody Order

When an existing child custody order is no longer appropriate for a child, either due to the child’s changing needs or a parent’s changed circumstances, a parent may file a motion to modify the child custody order. You can read more about changing your parenting time order here.

Petitions for Custody

The court will first examine if a custodial environment has been established with one or both parents (see MCL 722.27(1)(c)). This finding is based on whether “over an appreciable period of time, the child naturally looks to a custodian in that environment for guidance, discipline, necessities of life, and parental comfort.”

Ask yourself, who feeds the child and puts him to bed? Who brings the child to worship services? Who spends the most time with the child? And who does the child look to most for guidance and care?

Burden of Proof for Parent Seeking Change of Custody

Once the court determines if there is a custodial environment, it next applies one of two burdens of proof to the parent seeking to establish or change custody. First, if a custodial environment exists, the parent must provide “clear and convincing evidence” that the changes requested are in the best interest of the child. Second, if a custodial environment does not exist, then the court requires a parent to show, “by the preponderance of the evidence,” that the changes requested are in the best interest of the child.

The court will determine, based on whether there is a custodial environment, what standard applies and then apply it to the petitioning parent’s evidence.

What Does the Burden of Proof Mean?

The difference between the two standards is that while “preponderance of the evidence” is very neutral and weak, “clear and convincing” is a strong burden to overcome. Changing custody under the first standard is easier to accomplish and is more like a free-for-all. Whereas, changing custody under the second standard is difficult and requires a very strong reason, like abuse or neglect, in order to change.

Effects of Certain Facts:

1. Prior custody orders: the existence of one, by itself, should not create an established custodial environment.
2. Custodial parent’s voluntary relinquishment of custody: the court looks to all the circumstances. The amount of time a parent has allowed the custody change is key here. Generally, the court encourages people to resolve their issues.
3. Parents living together (prejudgment): The court should use the “preponderance of the evidence” standard when reviewing the child’s best interest factors.

What is Parenting Time?

Parenting time is court-ordered time when the child lives or spends time with either parent. It was formerly referred to as “visitation” time because it applies to the parent who does not have physical custody.

Parenting time schedules can be unique and created to fit your individual circumstances. Schedules can be very restrictive, such as supervised parenting time with no overnight visitation, or very liberal, where the parents essentially equally share the parenting time. Supervised parenting time is only ordered if there is a concern over the safety and well-being of the child during the parenting time.

Child custody can be a complex topic. Put simply, it is the order the court creates to ensure that the child of a divorcing couple has continued contact with both parents after their divorce. This is because in most cases, it is in the child’s best interest to have continued contact with both of their parents.

The child’s best interest is the key point in creating a child custody order. Take time to educate yourself about exactly what this means and what you can expect from the child custody order determination process for your divorce.

Why Choose the Van Den Heuvel Law Office?

Parents facing custody disputes need an attorney who will fight for their rights and their relationship with their children. Here is what sets the Van Den Heuvel Law Office apart:

• Decades of family law experience: Our firm has handled child custody cases in Michigan since 1992, giving the attorneys a deep understanding of local courts and applicable state law.
• A track record clients trust: Reviews consistently highlight our firm’s knowledge, attentiveness, and ability to help clients feel informed and supported throughout the process.
• Direct, practical representation: Our attorneys at the Van Den Heuvel Law Office take cases other firms turn down and are prepared to litigate aggressively when the situation calls for it.
• Recognition and awards: We have earned recognition through Martindale-Hubbell, Avvo, and Super Lawyers, reflecting a sustained record of quality legal work.
• Flexible access: After-hours consultations are available by appointment, and Skype meetings can be arranged for clients who cannot come in person.

Work With an Experienced Grand Rapids Family Lawyer

If you are a parent going through a divorce, a child custody order will be part of your divorce settlement. To prepare for this part of your divorce, consult with an experienced family lawyer. At the Van Den Heuvel Law Office, we offer you seasoned experience in assisting with your child custody and parenting time decisions. Contact us today to schedule your initial legal consultation.

FAQs About Child Custody in Michigan