Grand Rapids Child Custody Attorney

What Must Judges Consider in Michigan Child Custody Cases?

When creating a child custody arrangement, a court must determine whether a proposed arrangement serves the child’s best interests. Judges determine a child’s “best interests” by considering various Michigan custody factors, including:

• The nature of the bond or emotional ties between the child and their parents, including how much time each parent spends with the child and which parent handles tasks like feeding or bathing the child
• The ability of each parent to provide the child with love, affection, guidance, education, and religious or moral upbringing
• The capacity of each parent to provide the child with food, clothing, medical care, and other material needs
• The length of time the child has lived in a stable, appropriate environment and the desirability of continuing that environment
• The permanence of the existing or proposed custodial home(s)
• Each parent’s moral fitness
• The respective physical and mental health of the parents
• The child’s home, school, and community record or ties
• The willingness of each parent to facilitate and encourage a close and continuing parent-child relationship
• Any history of domestic violence by either parent
• The child’s preference, if the child has the maturity to express a reasoned preference

Other factors courts may consider include:

• Parents’ criminal histories
• The state of the parents’ homes

Can I Have My Child Custody Agreement Modified?

Parents can petition the court to modify the family’s child custody agreement. When parents agree to a modified arrangement, they can submit a consent order to the court, which typically will approve the modification unless it finds that the agreement harms the child’s best interests.

However, when one parent objects to modifying the custody and parenting time agreement, the parent seeking modification may have to demonstrate that the family’s circumstances have changed since the current agreement went into effect or that proper cause exists and that modifying the custody arrangement will benefit the child’s best interests. Changed circumstances can include changes to a parent’s work schedule, relocation by one or both parents, or changes to the child’s schooling or extracurricular activities.

How Long Can a Child Custody Case Take in Michigan?

A child custody case in Michigan can take up to a year to complete. However, in new divorce cases, proceedings must last at least 180 days before the court can issue a final order. Various factors will affect the timeline of your child custody case, including:

• Whether you and your ex agree on custody matters
• The complexity of the evidence in your case, including whether you need to obtain psychological or custody evaluations
• Whether you or your ex have complicating factors, such as a history of domestic violence, addiction, or anger management issues that require treatment
• Whether you and your spouse can reach an agreement through mediation
• Whether one or both parents have violated prior custody orders
• The court’s schedule and availability

Do I Need a Lawyer Even If My Co-Parent and I Agree on How to Share Custody?

Even when you and your ex agree on custody and childrearing decisions, you can best protect your family’s interests by speaking with a lawyer. An attorney can help you prepare a consent order to file with the court for approval. With a consent order, you’ll have a means of enforcing your custody agreement if your ex changes their mind or stops following the terms of your agreement.

How Far Can a Parent Move with Joint Custody?

Michigan imposes a “100-mile rule” for parental relocation. When a custodial parent wishes to move a child’s residence by more than 100 miles from the child’s current residence, even within Michigan, they must obtain their co-parent’s consent or the court’s permission to do so. Furthermore, parents must obtain consent or permission to move the child’s residence to another state, even if they move less than 100 miles away.

However, the 100-mile rule does not apply if:

• The custodial parent has sole custody and the court order does not include the 100 mile provision (although the parent must continue to follow the parenting time provisions of the custody order)
• Both parents already lived more than 100 miles apart
• The custodial parent proposes to move closer to the other parent

When the other parent consents to the move, the parties can submit a consent order that modifies the family’s custody order accordingly. However, when a parent objects to a move, the court must conduct a hearing to determine whether the child’s relocation will serve their best interests. Factors that courts will evaluate when ruling on a relocation request include:

• Whether the proposed relocation will improve the quality of life for the child and their parent
• Whether each parent has complied with and used their parenting time under the custody order or whether the custodial parent has requested relocation to frustrate the other parent’s ability to exercise parenting time
• Whether the court can feasibly modify the parenting time schedule following relocation to maintain a relationship between the child and both of their parents, and whether each parent will likely comply with a modified parenting time schedule
• Whether the parent opposing relocation has done so to gain a financial advantage in a child support or alimony order
• Any history of domestic violence