No one gets married to get a divorce, and one of the most costly, heart breaking and frustrating aspects of a divorce is the Michigan child custody case. We want to believe that the court acts in the best interest of the children. Parents may not always agree, especially when parents can not come to a joint decision on the type of custody they can share. We are going to go over what the court looks at for a Michigan child custody case.
It is important to know the types of custody parents can have. There is physical custody, joint legal custody, and sole custody. The first type of custody is physical custody, the only thing that physical custody states is where the child/children will live most of the time. Joint legal custody means that both parents have to agree on decisions that deal with medical care, education and religion. Sole custody or full custody means that one parent not only has the children living with them full time, it also means that they have sole authority over decisions that involve the child.
Regardless of the type of custody you are awarded, there are certain rights that you have, and there are certain rights that the children have. There is "parenting time," this is something that is awarded to the non-custodial parent in a Michigan child custody case . You may be more familiar with the term visitation, this is the time that you are guaranteed to have your children. Usually this is alternating weekends, alternating holidays, half of the summer vacation and one evening per week. The two parents are also encouraged to work out a schedule that works best for both of their schedules.
Now, there are twelve factors that the courts take into consideration when deciding the type of custody to be awarded in a Michigan child custody case.
1. The love, emotional ties and affection that exist between the parties involved and the child.
2. The ability of the parties to give the children guidance, love, and affection, as well as the ability to make sure the child's education continues and make sure that their spiritual journey is continued.
3. The ability of the parties to provide the child with life necessities such as food, clothing and medical care as well as other material needs.
4. The amount of time that the child has lived in a stable, satisfactory environment and the desirability to maintain custody.
5. The permanence of the family unit of the current or proposed custodial home or homes.
6. The moral fitness of each parent.
7. The mental and physical fitness of each parent.
8. The community, home and school record of the child.
9. The reasonable preference of the child, if the court deems that the child is of appropriate age to state their preference.
10. The ability and the willingness of each parent to encourage and facilitate a close relationship with the other parent.
11. Whether there is domestic violence.
12. Any other factor the court may think necessary.
Knowing what the court is going to look at, and the types of custody there are will help you build a stronger Michigan child custody case to make sure that you are awarded they custody that you want.
Brent Delaurentis is a father of a 6 year old girl and webmaster of [http://www.brents-child-custody-blog.com]The Child Custody Blog. Because he went through a long and painful custody battle he knows exactly how parents who have to go through this feel. [http://www.child-custody-strategies.com]Learn more about Brent and How He Won His Custody Case And How You Can Win Yours By Clicking Here.
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