Grand Rapids Child Custody Attorneys

Experienced Lawyers Helping Families Determine Child Custody in Kent County, Michigan

When a divorce or separation is amicable, parents may determine their own custody and visitation agreements. In these cases, both parents will agree to a plan, including where the child or children will live, who they will spend holidays with, and which parent will be primarily responsible for decision making. This agreement will then be approved by the judge.

If, however, parents cannot reach an agreement, decisions will be made by the family court. In these cases, the court will favor the best interests of the child and will seek to involve both parents in their lives, except in cases where their child’s emotional or physical wellbeing may be put in danger, such as in the face of drug or alcohol abuse, domestic violence, or other unsafe conditions.

While a family court may not have all the details about your specific situation, they will look at a number of factors, including:

• The child’s preferences, if they are old enough to provide them
• Both parents’ financial situation and their ability to support the child
• The child’s special needs regarding their healthcare, education, and other services
• Both parents’ mental and physical health

Our experienced Grand Rapids child custody lawyers can help with your case. 

To speak with our Grand Rapids child custody lawyer, give us a call at (616) 202-3988 or contact us online today.

Types of Custody in Michigan

There are two types of custody: Legal, which refers to the parent who makes important decisions regarding a child’s health, welfare, education, and religious upbringing, and physical, or where the child will live. Parents can be awarded joint legal and/or physical custody, primary or sole custody, or a different arrangement, depending on what is in the best interests of the child.

Each type has distinct implications for the rights and responsibilities of the parents involved.

Sole Custody:

• Sole Physical Custody: In sole physical custody, the child lives primarily with one parent, who is responsible for the day-to-day care. Visitation rights are usually granted to the non-custodial parent, but the custodial parent is the child's primary caregiver.
• Sole Legal Custody: The sole legal custody arrangement allows one parent to make significant decisions about the child's welfare, including education, healthcare, and religious upbringing. The other parent may have visitation but does not participate in major decision-making.

Joint Custody:

• Joint Physical Custody: In joint physical custody, the child splits time between both parents’ homes. While this does not necessarily imply a 50/50 split, it ensures that both parents spend significant time with their children.
• Joint Legal Custody: Both parents share the right and responsibility to make important decisions about the child's life. This requires cooperation and effective communication to ensure the child’s best interests are met.

Combination:

• It’s possible for one parent to have sole physical custody while both parents share joint legal custody; this means the child primarily lives with one parent, but both parents make major decisions together.

In Michigan, the courts determine custody based on the best interests of the child, considering factors such as the child’s relationship with each parent, the parents’ ability to cooperate, and the child's needs. Both sole and joint custody have their advantages, and the best arrangement depends on the specific circumstances of each family.

How Does a Child Custody Proceeding Get Started?

A child custody proceeding typically begins when one parent, or sometimes a third party, files a petition with the family court. The following steps outline how this process generally unfolds:

• Filing a Petition: The first step is for a parent or guardian to file a petition for custody with the appropriate family court. The petitioner may include a parenting plan in this document, which outlines his or her request for legal and/or physical custody of the child.
• Serving the Other Parent: Upon filing the petition, the petitioner must serve a copy of it and a summons to appear in court on the other parent. This formal notification ensures that both parties are aware of the proceedings.
• Response from the Other Parent: Other parents have the right to respond to the petition, typically within a specified timeframe. They can agree with the petition, file a counterpetition, or contest the custody arrangements.
• Temporary Orders: A temporary order from the court can be requested by either party if immediate issues need to be addressed, such as temporary custody or visitation arrangements. These orders remain in effect until a final decision is made.
• Mediation: Many jurisdictions require mediation to encourage parents to reach an agreement on custody issues outside of court. A neutral mediator helps facilitate discussions and negotiations.
• Court Hearings: If mediation fails or is not required, the case proceeds to court hearings. Both parents present their arguments, evidence, and witnesses. The court considers factors such as the child’s best interests, each parent’s ability to provide care, and the child's relationship with each parent.
• Final Custody Order: A final custody order is issued by the judge after reviewing the case. As part of this order, the legal and physical custody arrangements, as well as any visitation schedules, are outlined. Both parents must comply with this legally binding order.

By following these steps, a child custody proceeding is initiated and progresses towards establishing a custody arrangement that serves the best interests of the child.

How is Parenting Time Decided in Michigan?

Parenting time is established by the court to determine the amount of time the noncustodial parent has with their child. Like with custody agreements, parenting time to based on what is in the best interests of the child, in addition to the parents’ schedules.

Courts will look at the following factors when determining parenting time:

• The current relationships between both parents and the child
• The parent’s ability to provide essentials, like shelter and food, to the child
• The parent’s financial status
• The desire to retain love, guidance, and stability for the child
• Any history of abuse, violence, or addiction
• The child’s preferences, if they are old enough to provide them

In any decision, the child’s needs are paramount, and the court will seek to cause as little disruption in their lives as possible. After all, children thrive in familiar environments where both parents are a present and positive influence in their lives. Brookhills Legal Services can help you seek a fair parenting plan that puts your child’s needs first.

Contact our firm by calling (616) 202-3988. Our Grand Rapids child custody lawyers proudly serve families throughout Michigan.