How Is Child Custody Determined in Michigan?

November 28, 2024

How Is Child Custody Determined in Michigan?

When parents separate or divorce, one of the most important and emotionally charged issues is determining child custody. In Michigan, the court’s primary focus is on the child’s best interests. At Zanolli Family Law, P.C., we are committed to helping the Southfield public navigate this complex process with compassion and expertise.


 Types of Child Custody in Michigan


Michigan law recognizes two types of custody:
  1. Legal Custody – This grants a parent the right to make significant decisions about the child’s upbringing, including education, healthcare, and religious practices. Legal custody can be shared (joint legal custody) or granted to one parent (sole legal custody).
  2. Physical Custody – This refers to where the child lives. Physical custody can also be joint, where the child spends time with both parents, or sole, where the child primarily resides with one parent.


Factors Considered in Custody Determinations


Michigan courts use a set of "best interest factors" outlined in the Michigan Child Custody Act to decide custody arrangements. These factors include:
  1. Emotional Ties – The strength of the emotional bond between the child and each parent.
  2. Parental Capacity – Each parent’s ability to provide love, guidance, and basic needs.
  3. Stability – The child’s need for a stable, consistent home environment.
  4. Moral Fitness – The character and conduct of the parents.
  5. Health of the Parties – The physical and mental health of the parents and the child.
  6. Child’s Preference – Depending on the child’s age and maturity, their preference may be considered.
  7. History of Domestic Violence – Any evidence of domestic violence is taken seriously.
  8. Parental Cooperation – Each parent’s willingness to foster a positive relationship between the child and the other parent.
  9. Home Environment – The suitability of each parent’s home for raising a child.


Mediation and Court Involvement


Michigan courts encourage parents to resolve custody disputes through mediation before proceeding to trial. However, if an agreement cannot be reached, the court will hold a custody hearing where both parents present evidence supporting their case.


How Zanolli Family Law, P.C. Can Help


At Zanolli Family Law, P.C., we understand how important it is to protect your parental rights and your child’s well-being. Our experienced team provides personalized legal guidance, whether you're seeking joint custody, sole custody, or modifying an existing arrangement. We’ll help you present a compelling case focused on your child’s best interests.

If you’re facing a custody dispute in Southfield or the surrounding areas, contact Zanolli Family Law, P.C. today. We’re here to provide the legal support you need during this challenging time.

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