Both parents have the constitutional right to custody of their child, and that's typically the preference of the courts. The idea is a simple one: each child and parent has the right to develop their relationship. Barring any serious issues like abuse or neglect, child custody is a right both parents have. Determining how that works out in any given situation is another issue altogether.
At North Oakland Michigan Divorce and Family Law, PLC, our child custody attorney in Michigan will thoroughly review your case, listen to your concerns and preferences, and outline the best course of action for you. We know you have your child's best interests at heart. To that end, we will make every effort to attain the child custody arrangement best for you and your child. Contact us online or at (248) 608-4123 to schedule a consultation.
What is Child Custody in Oakland County?
When two parents are no longer together, one of the most important matters to be decided is who will have custody of their child. In Michigan, like most states, there are two different types of custody that the court must consider: legal custody and physical custody.
Legal Custody
Legal custody is not related to whom the child lives with. Instead, a parent with legal custody has the legal right to make important life decisions for the child. For example, a parent with legal custody will decide where the child attends school and the type of healthcare they will receive. In Southeast Michigan, it is most common for the parents to share joint legal custody.
Physical Custody
Physical custody concerns where the child resides. It may be awarded solely to one parent, or it may be shared jointly between parents. Parents with joint physical custody will have a plan set in place that determines who has the child when.
When determining who to award child custody to, a court will consider what is in the best interest of the child. Some of the factors the court will look at are:
- Who can provide a safe environment for the child
- Any evidence of abuse
- The child's relationship with each parent
If a matter affects the child, the court will likely consider it when awarding custody.
Parent Plans and Child Custody in Oakland County
Once child custody has been determined, even if one parent has sole custody, the parties must still determine a parenting time schedule. A parenting time schedule lays out what is expected of each parent to provide the child with the physical and mental stability they need to prosper. It can address everything from where a child lives, to the religion they will be exposed to.
Unfit Parents and Child Custody in Michigan
When a court reviews a case and determines that a parent is unfit, it is likely it will award custody to another party, and the court may allow the unfit parent some sort of restricted parenting time such as supervised visitation. The court may also order the unfit parent to undergo counseling and parenting classes, or sobriety monitoring if they want to continue to have a relationship with their child.
Contact a Child Custody Lawyer in Michigan Today
If you are facing a child custody issue, make certain your rights are protected by hiring a lawyer with experience in child custody disagreements. Contact North Oakland Michigan Divorce and Family Law, PLC in Michigan today by using our online form or calling us directly at (248) 608-4123.
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