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Child Custody FAQs

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Child Custody FAQs

Clinton Township Child Custody Lawyers

When going through child custody proceedings, there are a number of questions that may arise. Below are the most frequently asked questions about child custody in Michigan:

What is Custody?

In custody proceedings, Michigan courts will decide on two types of child custody. The first is legal custody, which gives a parent the right to make major life decisions for the child. These include decisions about the child’s education, religion, and medical care. The court can award sole legal custody to one parent, or joint legal custody to both. The courts typically try to award joint legal custody.
Physical custody will determine who the child will live with. When joint physical custody is awarded, the child will live with one parent a majority of the time, and the other parent will have parenting time. If the court awards sole custody to one parent, the child will only reside with that parent. The non-custodial parent may or may not be awarded parenting time.

When is Child Custody Decided?

A Friend of the Court will make a decision regarding custody early in the case. The Friend of the Court first gathers information from each parent and makes a recommendation to the judge. Each parent has the right to object to this recommendation and present evidence showing why a different recommendation should be made.

When this is the case, and the parents cannot agree on child custody, a trial will take place. During the trial, each side argues why his or her proposed custody arrangement is best for the child. When a case goes to trial, it will often take much longer.
If the parents can agree on child custody, a judge will review the agreement. If they find it fair and in the child’s best interests, they will approve it. When this is the case, child custody hearings proceed much more quickly.

How is Custody Decided?

In Michigan, judges must take the best interests of the child into consideration when making decisions on child custody matters. There are 12 factors considered. A few of these include the relationship of the child with each parent, the moral fitness of the parties involved, and the length of time a child has lived in a stable environment.

Does My Child Have a Say in Child Custody?

The child’s preference is one of the 12 factors taken into consideration when determining what is in the child’s best interests. The court will only consider the child’s preference if he or she is of an age of maturity to make such a decision.

If I am Awarded Custody, Will I Also be Awarded Child Support?

Child support is based on the Michigan Child Support Formula. Typically, child support is awarded to the parent who spends the most amount of time with the child. 

Have More Questions? Speak to a Michigan Child Custody Attorney

These are only some of the most frequently asked questions in Michigan child custody hearings. If you are considering seeking a divorce and need help with your case, contact our child custody attorneys in Michigan at Iafrate & Salassa, P.C. We will answer all of your questions and present evidence to back up your claims to get you the most favorable terms possible. Call us today or contact us online to schedule your free consultation.

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Felice V. Iafrate
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Jeffrey M. Salassa

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TESTIMONIALS

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I am extremely grateful to Jeff

I am extremely grateful to Jeff for his outstanding legal representation in both my divorce case and ongoing custody matters for my minor child. His knowledge, dedication, and ongoing support have been invaluable throughout the entire process. Jeff’s seamlessly guided…

David

Jeff made me feel very comfortable in what was a very difficult time. He knew exactly what to do and put my mind at ease many times about issues that would come up. He took time no matter where he…

Aaron

Jeff has represented me twice and both times far exceeded my expectations. I never once felt Jeff and his team didn't do everything possible to provide the very best outcome for me. I would recommend Jeff to anyone looking for…

Todd

I have gone through about 4 lawyers and then hired Jeff. I have had him in my corner now for roughly 5 years and I'm keeping him there until my daughter graduates high school. He is extremely knowledgeable and knows…

I am incredibly grateful to you.

Felice, Terri and Amanda! I couldn't have gotten through this without you guys. I picked you, because I knew you were smart. That's just a fact. Thank you forever.

Highly recommend

Jeff has been my attorney in a long running custody battle. He is knowledgeable, principled and empathetic. I would highly recommend him.

Knew exactly what to do

Jeff made me feel very comfortable during what was a very difficult time. He knew exactly what to do and put my mind at ease many times about issues that would come up. He took time no matter where he…

I will definitely recommend you to my friends.

I want to express my gratitude for the wonderful job you did working on my case. I felt I finally had someone "on my side." I appreciated your patience explaining to me the processes involved in my divorce.

I will definitely recommend you

I will definitely recommend you to my friends.

Thank you for your time

Thank you for your time and help with everything. You helped make our dreams come true! Truly. Thank you so much.

Mike S.

Absolutely the most knowledgeable, ethical and successful family law practice in Metro Detroit. Jeff was truly a professional and very trustworthy. I would recommend this law firm to anyone who is in need of honest advice and great representation.

Allison J

Mr. Salassa was the BEST family attorney. He answered all my questions immediately and with phenomenal legal knowledge. I only wish every attorney was this good. Your best interests will be represented 100% if you retain Jeff.

Michele M.

Jeff Salassa is an excellent attorney. Hands down the best.

Dan

I needed representation on 4 different occasions for 3 different reasons. I came away with the better of each situation. I consider his record with me as 4-0. He knows his field extremely well. Passionate and aggressive.

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Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.

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