Child Custody Attorney in Ada
Going through a separation or divorce can be a challenging experience under any circumstances. But when children are involved, things can become especially contentious, and the stakes become that much higher. As a parent, you will do anything you can to maintain a close, loving relationship with your children, and you don’t want that threatened by a challenging legal process.
Fortunately, you don’t have to face that process alone. Let an Ada, Michigan, child custody lawyer from Kraayeveld Family Law help you protect your relationship with your child by seeking the favorable custody arrangement you deserve. For over 30 years, our firm has been zealously advocating for our clients, providing them with individualized attention during even the most challenging custody matters. We will take a tenacious approach to pursuing the best possible outcome for you and your family, even if that means going to trial or raising your issue before the appellate court.
Whether you’re going through a divorce, separating from a co-parent, or simply asserting your parental rights, we are standing by to help. Contact Kraayeveld Family Law today for an initial case evaluation with a child custody lawyer in Ada, Michigan, to discuss your case and determine what we can do for you.
How Kraayeveld Family Law Can Help with Your Ada, Michigan, Child Custody Case
Fighting over child custody can cause you significant stress and heartache. Let an Ada, MI, child custody attorney from Kraayeveld Family Law help by:
- Thoroughly investigating your case to develop evidence supporting your preferred custody arrangement
- Guiding you through mediation to pursue a custody agreement, if possible
- Advocating for a custody arrangement that allows you to maintain a close relationship with your children
- Going to court as needed to help you obtain and enforce custody orders
- Making sure the legal system works in your favor by keeping up with new Michigan custody laws
We understand how important your child custody matter is and how much this means to you and your child(ren). You have real concerns and crucial questions that need answers. That’s why our lawyers and our team make it a priority to promptly respond to your calls and emails. Our one-business-day response guarantee means you don’t have to wait longer than necessary for us.
What Are the Different Types of Child Custody in Michigan?
In Michigan, child custody involves two aspects: physical custody and legal custody. Physical custody determines the arrangement where the minor child physically lives and spends their time. Legal custody refers to the right to make decisions on behalf of the child, including decisions regarding education, healthcare, and religious upbringing.
Courts can order joint or sole child custody for parents, whether the parents have remarried or are unmarried. Joint custody in Michigan means parents share physical or legal custody of their children, which may involve splitting parenting time and require collaborating on decision-making for their children. Sole custody means only one parent gets to exercise physical or legal custody.
What Must Judges Consider in Michigan Child Custody Cases?
When deciding custody arrangements, courts must consider whether a proposed arrangement serves the child’s best interests. Courts consider various Michigan custody factors when doing so, including:
- The love, affection, and emotional bond between the parents and the child
- The capacity and disposition of each parent to provide the child with love, affection, and guidance and to continue the child’s education and religious/moral upbringing
- The capacity and disposition of each parent to provide the child with food, clothing, medical care, and other material needs
- The length of time that the child has lived in a satisfactory, stable environment, and the desirability of continuing that environment
- The permanence of the family unit in the existing or proposed custodial home(s)
- Each parent’s moral fitness
- The parents’ mental and physical health
- The child’s home, school, and community environment or ties
- The willingness and ability of each parent to facilitate and encourage a close parent-child relationship between their child and the child’s other parent
- Prior history of domestic violence by either parent
- The child’s preference, if the court finds the child mature enough to express a reasoned preference
Courts can also consider any other relevant factor, such as parents’ criminal histories, the nature of each parent’s home environment, and the family’s economic circumstances.
Can I Have My Child Custody Agreement Modified?
Over time, evolving circumstances may make an existing custody arrangement ineffective. Fortunately, a parent can petition the court to modify a child custody agreement, provided they can demonstrate that the family’s circumstances have substantially changed since the court issued the order or that there is proper cause to change the existing court order. A parent must also demonstrate to the court that a proposed modified custody arrangement serves the child’s best interests.
Common circumstances under which a parent might modify a custody arrangement include:
- A parent’s neglect of the child
- Relocation of a parent
- Changes to a parent’s work schedule
- Changes to a parent’s living arrangement such as a new relationship
- Changes to the child’s mental or physical health
- Changes in the child’s preferences
- Changes to the parent’s situation, such as when a parent completes substance abuse treatment or behavioral therapy
How Can I Improve My Chances of Securing My Desired Custody or Visitation Rights?
By being proactive, you can improve your chances of securing the favorable child custody arrangement you and your child deserve. Here are a few things you can do to lay the groundwork for success:
- Get More Involved in Your Child’s Life – Take advantage of every opportunity to participate in your child’s life, such as attending sporting events or recitals and participating in extracurricular activities with them. Talk with your child’s teachers and healthcare providers to stay involved in your child’s education and medical care.
- Document Your Parental Involvement – Document concrete examples of how you play a role in your child’s life.
- Create a Safe, Stable Environment – Courts prefer children to live in stable and nurturing homes. If you cannot remain in the family home, try to find a residence within their school district. You should also ensure that you have reliable housing and employment to provide a safe home environment.
- Stay Civil – Develop a respectful working relationship with your ex and co-parent focused on raising your children. Avoid acting hostile toward your ex or badmouthing them in front of your children.
Michigan child custody laws take a gender-neutral approach, which means courts cannot favor one parent over the other based on the parent’s or child’s gender.
How Long Can a Child Custody Case Take in Michigan?
In Michigan, new court filings must be resolved within one year. Exactly how long it takes to resolve a given child custody case will depend on various factors, including whether the parents agree on a custody arrangement and whether the court needs evaluations such as child custody evaluations, home environment studies, psychological evaluations, or parenting coordinator or guardian ad litem reports.
Do I Need a Lawyer Even If My Co-Parent and I Agree on How to Share Custody?
Seek help from an Ada, Michigan, child custody lawyer, even if you and your ex have agreed on how you want to share custody of your children.
You can best protect your rights and interests by submitting a consent order with your custody agreement to the court for approval. If the court approves your custody agreement, you’ll have an enforceable order that can protect you should your former spouse change their mind about your custody agreement or fail to follow the terms of your agreement.
A lawyer can prepare a consent order on your behalf, so that it reflects your agreement and protects your and your children’s interests.
How Far Can a Parent Move with Joint Custody?
In a joint physical custody arrangement, a parent may move up to 100 miles away from the child’s current residence without needing consent from their child’s other parent or court approval. However, under Michigan’s 100-mile rule, a parent must obtain their co-parent’s consent or court approval to change a legal residence of a child by more than 100 miles from the child’s residence or outside of Michigan (even if moving less than 100 miles away).
The 100-mile rule applies unless:
- The relocating parent has sole custody
- The child’s other parent agrees to the move
- Both parents already live more than 100 miles apart
- The relocating parent will move closer to the other parent’s residence
A court may approve a move more than 100 miles away if it finds it will serve the child’s best interests. Specifically, the court will evaluate whether:
- The move will improve the child’s quality of life
- Both parents have followed the custody order
- A parent wants to move to limit the other parent’s time with the child
- The other parent opposes the move solely to obtain a lower child support obligation
- The parent must move to escape domestic violence by the other parent
- A new parenting time schedule will allow the child to maintain their relationship with their other parent
Contact Our Ada, Michigan, Child Custody Lawyers Today
If you find yourself in a child custody dispute in Ada, Michigan, get the legal help you need to protect your rights and relationship with your children. Contact Kraayeveld Family Law today for a confidential consultation with an Ada family lawyer. You can discuss your legal options and get help pursuing a favorable resolution to your custody matter.