Practices

Child Custody

Michigan is governed by the "best interests of the child" standard. A judge must make a determination as to which custodial environment will serve the best interests of the child. The judge does this by looking at the best interest factors, including:

• The love, affection, and other emotional ties existing between the parties and the child
• The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any
• The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this State in place of medical care, and other material needs
• The length of the time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
• The permanence, as a family unit, of the existing or proposed custodial home or homes
• The moral fitness of the parties involved
• The mental and physical health of the parties involved
• The home, school, and community record of the child
• The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference
• The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent
• Any other factor considered by the court to be relevant to a particular child custody dispute

One of the important things your attorney will talk with you about is the differences between joint custody, sole custody and legal custody. More often than not, in dealing with custody disputes, judges rely upon the following to assist them in determining what is in the best interest of a child:

• Friend of the Court investigations
• Psychological testing and evaluations
• Mediation
• Arbitration

Michigan has adopted the child support (CSES) Guidelines. In Michigan, your child support is established pursuant to these guidelines, unless exceptional circumstances exist. The guidelines take into consideration your income, your spouse's income, and the type of custodial arrangement you have. Child support is going to be different if you share custody with your spouse rather than either party having sole physical custody. It is important to understand, that if you have more than 128 overnights with your child, your child support will be figured on the basis of "shared economic circumstances".