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KERI BURNSTEIN, P.C. DIVORCE / FAMILY LAW / CUSTODY |
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Phone: 248.910.1494 Email:
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CHILD CUSTODY. The law offices of Keri Burnstein, P.C. is dedicated to representing men and women in the Michigan tri-county (Oakland, Macomb & Wayne) and surrounding areas involved in all aspects of family law. We are located in Farmington Hills, Michigan and provide free consultations with flexible hours to meet all your needs.
Decisions regarding child custody are
complicated and difficult. Our office can help you make informed
decisions about child custody including decisions relating to the
different types of custody as defined by the Michigan Custody Guidelines
(which can be found at
www.courts.michigan.gov, explained below), parenting
time, and child support calculations.
SOLE CUSTODY: JOINT CUSTODY: At the request of either parent, the court must consider ordering joint custody. If the parents agree on joint custody, the court must order it unless the court determines that joint custody is not in the best interests of the child. When deciding, judges must state on the record their reasons for granting or denying the request. Judges may consider joint custody without a parent’s request. In addition to the normal factors considered when deciding custody, with joint custody judges must also consider whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child.2 The statute defines joint custody in a way which provides for joint legal custody, joint physical custody, or a combination of joint legal and joint physical custody. The following are two types of joint custody according to the Michigan Custody Guidelines: JOINT LEGAL CUSTODY: Joint legal custody means that parents share decision-making authority as to the important decisions affecting the welfare of the child.3 Joint custody does not depend on the amount of time the child is with each parent. JOINT PHYSICAL CUSTODY: Means that there will be specific times when each parent will have the child with them.4 However, it does not mean the parents will necessarily share decision-making authority unless the judge also has ordered joint legal custody. As an example of joint physical custody, one parent could have physical custody during the school year, alternate weekends, and alternate holidays, with the other parent having physical custody during the summer months, alternate weekends, and alternate holidays. If the judge awards joint physical custody, the court order will usually include a statement regarding when the child shall reside with each parent. The court order may provide that physical custody be shared by the parents to make sure the child has contact with both parents. During the time a child resides with a parent, that parent decides all routine and emergency matters concerning the child. Factors in the Child Custody Act Parents are encouraged to reach their own agreements regarding custody arrangements. When parents cannot agree, the judge must decide custody by considering all of the following best interests factors of the Michigan Child Custody Act.5 These factors are usually addressed during custody evaluations by the friend of the court. The following are the factors of the Child Custody Act: (a) The love, affection, and other emotional ties existing between the parties involved and the child. (b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and the continuation of the education and raising of the child in his or her religion or creed, if any. (c) 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. (d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity. (e) The permanence, as a family unit, of the existing or proposed custodial home or homes. (f) The moral fitness of the parties involved. (g) The mental and physical health of the parties involved. (h) The home, school, and community record of the child. (i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference. (j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. (k) Domestic violence, regardless of whether the violence was directed at or witnessed by the child. (l) Any other factor considered by the court to be of relevance to a particular child custody dispute. PARENTING TIME According to the Michigan Custody Guidelines, parenting time is defined as a time set aside by court order for a parent and child to spend together in the absence of a contrary agreement by the parties. Michigan law recognizes that it is in the best interests of the child that parenting time occur in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent. To this end, parenting time should be on a regular schedule with specific consistent starting and ending times for the ease of the parties and child in planning their schedules. According to the Michigan Parenting Time Guidelines (also found at www.courts.michigan.gov), in order to determine the length, frequency and type of parenting time, the court considers several factors (MCL 722.27a): 1. The existence of any special circumstances or needs of the child. 2. Whether the child is a nursing child less than 6 months of age, or less than 1 year of age if the child receives substantial nutrition through nursing. 3. The reasonable likelihood of abuse or neglect of the child during parenting time. 4. The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time. 5. The inconvenience to, and burdensome impact or effect on, the child of traveling to and from the parenting time. 6. Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order. 7. Whether the parent has frequently failed to exercise reasonable parenting time. 8. The threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has legal custody. A custodial parent’s temporary residence with the child in a domestic violence shelter shall not be construed as evidence of the custodial parent’s intent to retain or conceal the child from the other parent. 9. Any other relevant factors. The Macomb County Circuit Court outlines the following parenting time schedule: Weekend Parenting Time - Every other weekend from 6:00 p.m. Friday until 7:00 p.m. Sunday (during the school year), and 8:00 p.m. Sunday (during the summer). Weekday Parenting Time – One evening per week from 6:00 p.m. to 8:00 p.m. on a weekday to be determined by the parties. If unable to agree, it will be on Thursday. 9:00 p.m. extended return during the summer months. Holidays Father will have these specified holidays in all odd-numbered years, and mother will have these holidays in all even-numbered years:
Father will have the following holidays in all even-numbered years and mother will have these holidays in all odd-numbered years:
Mother’s Day and Father’s Day – The child(ren) will be with the mother for the entire Mother’s Day weekend and with the father for the entire Father’s Day weekend from Friday at 6:00 p.m. until Sunday at 7:00 p.m. Normal parenting time schedule resumes after the Mother/Father’s Day weekend.
Easter/Spring Break and Mid-Winter Break Father will have the Easter/Spring Break in even-numbered years and Mid-Winter Break in odd-numbered years. Mother will have the Easter/Spring Break in odd numbered years and Mid-Winter Break in even numbered years. Spring and Mid- Winter parenting time begins at 6:00 p.m. the day school recesses and concludes at 7:00 p.m. the evening before the school resumes.
Each parent will have a total of three (3) weeks (only 2 weeks consecutive):
Extra Curricular Activities
Each parent is responsible for
taking the child(ren) to all extracurricular and sporting activities which are
scheduled during their parenting time. Relationship to Child Support Note: Parenting time should continue whether or not support is being paid. Child support must be paid whether or not parenting time is occurring. CHILD SUPPORT Child support is the payment of money for the support of a child in a Divorce, Paternity, or Family Support Act proceeding. Support includes, but is not limited to, health care, child care, and educational expenses. Keri Burnstein, PC has the knowledge and experience to explain to you the different types of custody and the child custody factors. We can help you make informed decisions about what type of parenting time schedule works best for your situation. We have the ability to explain how child support is determined based on your individual circumstances. We want to help you make decisions that are in your children's best interests. Please contact us to set up your free consultation today. __
1 In particular,
the Child Custody Act, MCL 722.27a(9) gives a parent exercising parenting
time the right and duty to decide all routine matters concerning the
child. Joint custody is defined in the Child Custody Act, MCL 722.26a(7).
All custody is slightly impacted by provisions on parenting time (Child
Custody Act, MCL 722.27a). There have been major court decisions that have
impacted what major decisions are and the difference between joint legal
and physical custody 2 Child Custody Act, MCL 722.26a(1)(b) 3 Child Custody Act, MCL 722.26a(7)(b) 4 Child Custody Act, MCL 722.26a(7)(a) 5 Child Custody Act, MCL 722.23
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*The information contained on this site is intended as general information only. The information contained on this site should not be construed as legal advise or the formation of a attorney/client relationship.
