Child Custody Attorney in Byron Center
Among the most difficult situations a separating or divorcing family can go through is a child custody dispute. If you and your former spouse are struggling to agree to a workable arrangement, you may have several concerns. These include what’s best for your child and having your wishes as a parent honored and respected.
Kraayeveld Family Law can help if you find yourself involved in a child custody dispute in Byron Center, Michigan. Our lawyers understand what’s at stake for you and can protect your parental rights and interests. We believe in providing personalized attention, responding promptly to your calls and emails, and delivering clear, realistic advice.
For over 30 years, thousands of clients have trusted us to provide thorough representation and outstanding service. Meanwhile, our excellent track record both inside and out of the courtroom speaks volumes about our commitment and experience.
Kraayeveld Family Law is here to put you and your child’s best interests first. Contact us today for a confidential consultation with a Byron Center, MI, child custody attorney.
How Kraayeveld Family Law Can Help with Your Byron Center, MI, Child Custody Case
Your relationship with your child is the most important thing in your life. The attorneys at Kraayeveld Family Law want to help you protect it. Our experienced team understands Michigan’s custody laws inside and out, and we use this knowledge to advocate effectively for your best interests and those of your child. We can handle all aspects of your case, from filing motions to guiding you through mediation to representing you in court, standing by your side so you don’t have to face this challenging time alone.
We understand how important your child custody matter is, so our commitment to excellent communication means we keep you informed at every step. We’ll respond promptly to your questions and concerns; our one-business-day guarantee means you don’t have to wait longer than necessary for us.
With Kraayeveld Family Law, you can trust that your case is in capable hands. This allows you to focus on your family while we work to secure the best possible outcome for you and your child.
What Are the Different Types of Child Custody in Michigan?
Michigan family courts recognize two types of child custody with two main differences:
- Legal Custody – Legal custody refers to a parent’s legal authority to make important decisions for their child. This includes the right to make decisions regarding a child’s education, healthcare, and religious instruction. Michigan courts prefer that parents share legal custody of their children whenever possible, although they will always seek to promote the best interests of the child.
- Physical Custody – Physical custody in Michigan refers to the right of a parent to reside with the child. Typically, parents share physical custody in an arrangement that suits the child’s needs. If the parents cannot agree on a physical custody arrangement themselves, the courts will create one for them.
- Joint Custody – Joint custody in Michigan refers to a legal arrangement where both parents share legal and/or physical custody of a child after a divorce. Michigan child custody laws encourage a relationship between both parents and the child whenever possible, though there are times when joint custody is not in a child’s best interests.
- Sole Custody – Sole custody means that primary legal and physical custody is entrusted to just one parent. Either parent can request sole custody of their child during a divorce or child custody dispute, but they will need to show why they are the better parent to have sole physical custody and raise or spend time with the child. Sole legal custody is awarded when one parent is unwilling or unable to reasonably participate in major decision-making.
If you want to know how to get sole custody in Michigan or have questions about child custody for unmarried parents, talk to a lawyer immediately. An experienced attorney can answer your questions about how to file for custody in Michigan and help you reach a favorable outcome in your case.
What Must Judges Consider in Michigan Child Custody Cases?
State law requires judges to make child custody decisions based on what’s best for the child. According to the state court system, Michigan custody factors include:
- The love, affection, and emotional ties between the child and each parent
- The ability of each parent to provide love, affection, guidance, and the continuation of the child’s education and upbringing in their religion or creed, if applicable
- Each parent’s capacity to provide the child with food, clothing, medical care, and other material needs
- The length of time the child has lived in a stable, satisfactory environment and the importance of maintaining that continuity
- The permanence of the custodial home or homes
- The moral fitness of each parent
- The mental and physical health of each parent
- The child’s home, school, and community record
- The reasonable preference of the child, if the child is mature enough to express a preference
- The willingness and ability of each parent to encourage a close and continuing relationship between the child and the other parent
- Instances of domestic violence, regardless of whether the child witnessed these incidents or suffered any harm from either parent
- Any other factor the court deems relevant to the specific child custody dispute
Can I Have My Child Custody Agreement Modified?
It’s possible to modify your child custody agreement if there has been a significant change in your circumstances since the original custody order or you can establish proper cause to change the order.
Keep in mind, courts must make custody decisions based on the child’s best interests. So, if you want to change a custody agreement, you must show how the change would benefit the child. A child custody lawyer in Byron Center, MI, can help file a petition with the courts to modify your existing custody or parenting time order.
How Can I Improve My Chances of Securing My Desired Custody or Visitation Rights?
Are you looking to improve your chances of securing your preferred custody or visitation arrangement? Start by maintaining a stable and nurturing environment for your child. Ensure you provide consistent care, including meeting their educational, medical, and emotional needs. Show your involvement in your child’s life by participating in their activities, school events, and daily routines.
Keep a detailed record of your interactions with your child, such as visits, phone calls, and child support payments, to support your case to the court. This documentation can demonstrate your commitment and reliability as a parent. It’s also crucial to communicate respectfully and cooperatively with the other parent, as courts favor arrangements that promote the child’s relationship with both parents.
Perhaps most importantly, it’s essential to hire a skilled lawyer. An experienced child custody attorney from Kraayeveld Family Law can present a strong case for the custody or visitation plan you seek.
How Long Can a Child Custody Case Take in Michigan?
If you and your spouse generally agree on a potential custody arrangement, your case may conclude within a few months or sometimes even weeks. But if you and your co-parent disagree, you may need to go through court hearings to resolve the necessary legal issues. These proceedings can add months or longer to your case, depending on the circumstances. The best way to protect your interests and speed up the legal process is to hire a capable, knowledgeable attorney from Kraayeveld Family Law.
Do I Need a Lawyer Even If My Co-Parent and I Agree on How to Share Custody?
You should hire a child custody attorney even if you and your co-parent agree on a potential custody plan. For one thing, details matter in these situations, and seemingly small ones can become significant disputes over time. Secondly, you want to make sure all the necessary paperwork is completed correctly and that your plan will meet court approval so that it is enforceable. A lawyer can help you with these tasks and make sure your proposed custody plan complies with state guidelines. That way, you can assert your rights should your child’s other parent not abide by the terms of the agreement.
How Far Can a Parent Move with Joint Custody?
Michigan law says that when parents share custody of a child, neither parent can change a legal address of the child by more than 100 miles from their current address unless they get legal permission first and they may not move to another state even if that move is less than 100 miles. If a parent wishes to move more than 100 miles away, the court will first consider whether such a move is in the child’s best interests before deciding whether to allow the move.
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
There are certain exceptions to the 100-mile rule, but it’s best to consult with a Byron Center, MI, child custody lawyer ahead of any prospective move.
Contact Our Byron Center, MI, Child Custody Lawyers Today
Don’t leave your and your child’s future to chance. Instead, get professional legal help to assert and protect your parental rights. Contact Kraayeveld Family Law today for a confidential consultation. Let a Byron Center family lawyer discuss your case and provide the sound advice you need.