By David R. Dawson | Published September 30, 2023 | Posted in Divorce | Tagged Tags: child custody, child's preference, Friend of the court |
How Can a Child’s Preference Affect a Custody Determination?
The overriding priority in a child custody determination is promoting the child’s best interests. In Michigan, judges consider multiple factors to evaluate what arrangement most effectively serves that purpose. One factor that may be taken into account is the child’s own preference for living with one parent or the other. However, there are limitations on Read More
Read MoreHow Does a Past History of Substance Abuse Affect Your Getting Custody of Your Child?
If you and your spouse cannot agree on a parenting arrangement, a judge will decide on child custody based on the best interests of the child. That includes determining with which parent the child will live most of the time. The decision will be based in part on your perceived fitness as a parent and Read More
Read MoreRelocating With Your Child After a Divorce: Understanding the 100-Mile Rule
After a divorce, you are finally ready to move on with your life. You have some freedom now that you did not have before, including the option of moving to a new home. If you have children with your former spouse and are subject to a child custody order, there are legal limits on how Read More
Read MoreMaking a Strong Case for Child Custody in Michigan
In custody cases, courts generally find that children benefit from having a continued relationship with both parents. However, the court’s role is to order an arrangement that is deemed to be in the child’s best interests. When parents disagree over who should have primary physical custody, the court will decide based on who can provide Read More
Read MoreCreating a Parenting Schedule That Fits Your Family Needs
Raising a child in separate homes after a divorce or separation comes with its share of challenges, some of which arise from differences in approaches to parenting and discipline. A well-crafted parenting time schedule helps overcome some of these challenges by assuring predictability and consistency for both the parents and children. A good schedule also Read More
Read MoreSettling Disputes Over Educational Choices in Child Custody Cases
How and where a child will be educated can be a particularly contentious matter for divorced parents. One reason for this is that there are so many options for both primary and secondary education. Public schools, private schools, parochial schools and even homeschooling programs are among the possible choices. Some of these educational paths carry Read More
Read MoreWhat is the Role of the “Friend of the Court” in a Michigan Divorce?
Disputes over child support, custody and parenting time frequently arise in divorce cases. In Michigan, when parents cannot reach an agreement regarding these issues, the judge deciding them may get assistance from a “friend of the court” (FOC), a court-appointed official who can play a pivotal role in a divorce case. The duties of the Read More
Read MoreHow Relocation Can Affect Child Custody
Workable joint child custody plans depend on the parents living close to each other, or close enough that traveling between them to fulfill parenting time is not problematic. But changing circumstances may lead a parent to seek a relocation, whether to take a better job, to pursue an education or to be closer to family. Read More
Read MoreCan a Nonbiological Parent Can Seek Child Custody in Michigan?
The definition of family has evolved in the U.S. and with that change has come the legal recognition of parental rights arising from nontraditional relationships. In Michigan, a legal framework called the equitable parent doctrine allows a spouse who is not a biological parent of his or her spouse’s child, but who has raised and Read More
Read MoreHow Does a Finding of Domestic Violence Affect Child Custody?
Domestic violence is a serious problem that can play a significant role in how courts award custody of children in divorce cases and post-decree child support cases. But it is not always simple to decide whether certain conduct rises to the level of domestic violence. In a recent decision, a Michigan appeals court stated that Read More
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