Child Custody Attorney in Kentwood

One of the most challenging parts of a divorce or separation is resolving child custody matters. As a parent, you naturally want to maintain a close, continuing relationship with your children and give them the best life possible. If your spouse disagrees with you about how to do that, let the Kraayeveld Family Law help resolve your dispute.

For more than 30 years, our family law firm has assisted with child custody cases for unmarried parents and divorcing couples. When you meet with us, we’ll help you understand how to file for custody in Michigan, advocate for you and your child, and work toward a favorable outcome.

Reach out today to schedule a consultation with a Kentwood child custody lawyer from our firm. We will discuss your legal options in detail, explain how to file for custody in Michigan, and provide you with quality legal help in your child’s best interest.

How Kraayeveld Family Law Can Help with Your Kentwood, MI, Child Custody Case

Protecting your parental rights and connection with your children can become a stressful, time-consuming endeavor. A Kentwood child custody attorney from Kraayeveld Family Law can take this pressure off your shoulders by:

• Discussing your goals and concerns with you and explaining what to expect in the child custody process
• Advising you on the steps you can take to improve your position in your custody matter
• Investigating your family’s circumstances to obtain evidence we can use to build a compelling case
• Reviewing Michigan custody laws that could work in your favor
• Advocating on your behalf if you pursue mediation of your custody dispute
• Presenting a compelling argument to the court if your case ends up going to a hearing
• Filing an appeal for your child custody matter, if necessary

Tensions can run high on child custody matters, and you will have pressing questions. That’s why our lawyers and legal support staff make it a point to respond promptly to your calls and emails. Our one-business-day guarantee means you won’t have to wait longer than necessary for us to reach out to you about your inquiry.

What Are the Different Types of Child Custody in Michigan?

Michigan recognizes two types of child custody: legal and physical. Physical custody in Michigan concerns the parent’s right to have the child reside with them. Legal custody refers to the right to make decisions regarding a child’s upbringing, including education, healthcare, and religious instruction.

Custody can be awarded solely or jointly. With sole custody, only one parent can exercise physical or legal custody. Joint custody in Michigan means both parents share physical or legal custody. In a joint physical custody arrangement, parents split overnight parenting time with their children. Joint legal custody requires parents to discuss and agree upon decisions regarding their child’s upbringing. Michigan courts prefer to grant joint custody whenever possible, recognizing that children thrive with both parents involved.

What Must Judges Consider in Michigan Child Custody Cases?

When deciding child custody arrangements, courts must consider the child’s best interests. Michigan law lists several factors for courts to evaluate in determining a child’s best interests, including:

• The love, affection, and emotional ties between the parents and the child
• The capacity and disposition of each parent to give the child love, affection, and guidance and to continue their education and religious/moral upbringing
• The capacity and disposition of each parent to provide the child with food, clothing, medical care, shelter, and other material needs
• The length of time that the child has lived in a stable, satisfactory environment and the desirability of maintaining that environment
• The permanence of the existing or proposed custodial home
• The moral fitness of the parents
• The mental and physical health of the parents
• The child’s home, schooling, and community environment
• The willingness and ability of each parent to facilitate and encourage a close parent-child relationship between the child and the other parent
• Any history of domestic violence in the family
• The child’s preferences, if the court finds the child mature enough to express a reasoned preference

Courts may also consider other Michigan custody factors, including:

• The parents’ criminal histories (if any)
• The nature of each parent’s home (including the people living in the parent’s home)
• The family’s economic situation

Can I Have My Child Custody Agreement Modified?

It’s not uncommon for a family’s circumstances to change over time, in which case the original custody agreement might become outdated. Fortunately, parents can petition the court to modify a custody arrangement.

However, a modification petition requires a parent to prove both proper cause or changed circumstances since the issuance of the current custody order and that modifying the custody order will serve the child’s best interests.

Common reasons why parents might seek to modify a child custody arrangement include:

How Can I Improve My Chances of Securing My Desired Custody or Visitation Rights?

As a parent, you can take the following steps to improve your chances of having your preferred custody arrangement accepted by the court:

• Get Involved – Take every opportunity to become involved in your child’s life, including attending games or recitals, taking them to medical appointments, and keeping in regular contact with their teachers.
• Document Your Involvement – Document concrete examples of how you play a significant role in your child’s life, such as cooking meals, helping with bathing and dressing, or assisting with homework.
• Create a Stable Environment – Make sure you have a safe, stable home environment to which the court will feel comfortable sending your child.
• Build a Working Relationship with Your Ex – Remain civil with your ex and work on developing a cordial, productive relationship focused on co-parenting your child.
• Anticipate Your Ex’s Case – Consider what kind of custody arrangement and parenting time your ex might request.

Be aware that Michigan law takes a gender-neutral approach to child custody. This means courts may not favor one parent or the other or make custody determinations based on the parent’s or child’s gender.

How Long Can a Child Custody Case Take in Michigan?

Obtaining a final child custody order in Michigan for divorces can take up to a year. If the petition to modify custody is post judgment, it can take more than a year. That said, the duration of a child custody matter will depend on various factors, such as:

• Whether the parents can agree on a custody arrangement
• Whether a parent has an unstable housing or employment situation
• Any history of domestic violence between the parents
• Whether either parent has behavioral or substance abuse issues
• Whether the court requires psychological evaluations or home studies
• Whether the parents require assistance from a parenting coordinator or another professional

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

Even if you and your ex can agree on a custody arrangement, you should still consult a Michigan child custody lawyer for help preparing a consent order to memorialize your custody agreement. You can present a consent order to the court for its approval. Should the court approve your consent order, you’ll have an enforceable court order that can protect you if your ex changes their mind about your custody agreement or stops adhering to the terms of your agreement.

How Far Can a Parent Move with Joint Custody?

Michigan child custody laws have a 100-mile rule governing parental relocation for families with custody orders. Under this rule, a parent may not relocate and change their child’s legal residence by relocating more than 100 miles away from the child’s current residence or out of the state of Michigan (even if less than 100 miles). A parent who wishes to relocate more than 100 miles away or out of Michigan must obtain consent from the child’s other parent or the court.

The 100-mile rule does not apply if:

• One parent has sole legal custody
• The parents already live more than 100 miles apart
• The relocating parent proposes to move closer to the other parent’s residence

Before approving a relocation, the court must consider various factors in addition to the child’s best interests, such as:

• Whether the relocation may improve the child’s and relocating parent’s quality of life
• The degree to which each parent has complied with the custody order and how they have used their parenting time
• Whether the relocating parent has proposed relocation to frustrate or interfere with the parenting time schedule
• Whether the parent opposing relocation has done so to secure a financial advantage regarding a child or spousal support obligation
• Whether the court can modify the parenting time schedule to accommodate the relocation in a manner that preserves each parent’s relationship with their child and the likelihood that each parent will comply with a modified custody order
• Whether either parent has a history of domestic violence

Contact Our Kentwood, MI, Child Custody Lawyers Today

If you’re dealing with a custody dispute in Michigan, Kraayeveld Family Law is here to assist in protecting your rights and relationship with your children. We have a 30-plus-year reputation of securing positive outcomes in custody challenges, providing top-quality service, and taking the time to make sure your needs are met. Reach out to us today to schedule a confidential consultation with a child custody lawyer in Kentwood.