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If you have children and are considering a divorce or separation in Michigan, one of your primary concerns will be the custody of the children. This blog is written to broadly address the issue of custody in Michigan, if you have particular questions, please do not hesitate to contact us to schedule a consultation by clicking on this link., or calling (248) 608-4123.
How Common Is Joint Custody In Michigan?
There are two types of custody, physical custody and legal custody. Legal custody refers to the right to be involved in the child's life and make decisions regarding the child's welfare. This includes such things as deciding where the child will attend school if the parties reside in different districts or one parent wants the child to attend a private school, access to school and medical records, decisions regarding medical treatment including vaccinations, and mental health therapy as well. These are only a few examples of decisions or issues that are encompassed by the term "legal custody". In Oakland, Macomb, Lapeer and Wayne Counties in Michigan joint legal custody is routinely granted unless one of the parent's has exhibited some extreme behaviors, mental health issues or incarceration that make it impossible for the parents to co-parent the child.
Physical custody technically refers to whom actually has the child physically present with them. Sole physical custody is rarely granted n most Michigan courts these days absent abuse or serious mental health disorders with one parent that makes them a danger to the child. Most often joint physical custody is granted or one party is referred to as having primary custody or providing the primary residence for the child, frankly these terms have little meaning under the current state of the law.
What the court and other authorities will look to is what is called the "parenting time" or "parenting time schedule" to determine with whom the child will be on any given day or night. In the case of preschool age children, the court may grant more time to one parent at first and then set up a graduated or stepped parenting time plan where over time the parents will reach equal parenting time. In the case of most school age children, the courts in Macomb, Lapeer, Wayne and Oakland Counties typically will award an equal parenting time schedule, again absent some serious issues with one of the parents. Parents will often have a schedule where the children are with one parent two week nights, the other two weeks, then they will alternate weekends and holidays. Some parents will do a week-on, week-off schedule where the children are with each parent on alternate weeks and alternate holidays. Some may do a hybrid schedule with one schedule for the school-year and another for summer. These hybrid schedules typically have one parenting time schedule for the school year and another for the summer. There are many different ways to work-out the parenting time to best fit the situation, given the age and schedule of the children and the schedule, time constraints or issues of each parent.
This blog was written simply as an overview of how often joint custody is granted in Southeast Michigan, if you have questions regarding your own situation, please contact us by clicking on this link or calling (248) 608-4123.
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