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Child custody options in a divorce

On Behalf of | Jan 24, 2025 | Child Custody |

Child custody decisions are a central focus in Michigan divorce cases, as they impact the well-being of children and their relationship with each parent. State courts prioritize the child’s best interests when determining custody arrangements. Understanding the available custody options helps parents navigate this process more effectively.

Legal custody

Legal custody refers to the authority to make significant decisions about a child’s life. These decisions include education, healthcare, and religious upbringing. In Michigan, legal custody can be joint, where both parents share decision-making responsibilities, or sole, where one parent holds exclusive authority. Courts generally prefer joint legal custody unless one parent’s involvement is deemed harmful to the child.

Physical custody

Physical custody determines where the child lives and which parent provides day-to-day care. Like legal custody, physical custody can be joint or sole. Joint physical custody means the child spends significant time with both parents, though not always equally. Sole physical custody places the child with one parent while the other typically receives visitation rights.

Parenting time

Parenting time, often referred to as visitation, outlines when the non-custodial parent spends time with the child. Michigan law assumes that maintaining a relationship with both parents is in the child’s best interests, barring circumstances where safety is a concern. Parenting time schedules can be flexible or fixed, depending on the family’s needs.

Factors considered in custody decisions

The courts evaluate several factors when determining custody, including the child’s emotional needs, the parents’ ability to provide a stable environment, and the child’s relationship with each parent. The child’s preferences may also be considered if they are of sufficient age and maturity.

Prioritizing the child’s best interests

Child custody arrangements aim to provide stability and support for the child while fostering healthy relationships with both parents. Exploring the available options and understanding the court’s approach to custody decisions helps parents focus on creating the best possible outcome for their child.