Birmingham Child Custody Lawyers

Elements of Child Custody

There are two elements of a child custody arrangement: physical custody and legal custody of the child. Both types of custody may be given to the parents jointly or given to one parent solely.

Physical custody is the role of providing a home for one’s child and all that comes with the home, such as household goods and daily meals. When one parent is given sole custody of their child, the other may be given visitation rights, also known as parenting time. However, this is done at the court’s discretion.

Legal custody is the role of making decisions on a child’s behalf. Legal custody entitles a parent to choose a child’s school, make medical decisions for the child, and determine the child’s religious upbringing.

Factors Considered when Determining Child Custody

To determine an appropriate parenting plan for a child, Michigan courts work with individuals known as Friends of the Court to make determine the family dynamics at play in a child’s life and how best to nourish the child’s development while maintaining healthy, consistent relationships with both parents. The following factors are used to make decisions about a parenting plan:

• The love, emotional ties, and affection that exists between the child and each parent;
• Each parent’s capacity to provide the child with love and support to grow academically and if applicable, through his or her religious training;
• Each parent’s capacity to provide for the child financially;
• The length of time the child has lived in his or her current household and whether it would be best for this living situation to continue;
• The permanence of the family unit in each parent’s current or proposed household;
• Each parent’s moral fitness to raise the child;
• Each parent’s mental and physical health;
• If the child is deemed to be mature enough to make a rational decision about where to live, the child’s preference may be considered;
• Each parent’s willingness to cooperate with the other and facilitate a healthy relationship between the child and the other parent;
• Whether there is a history of domestic violence with either parent; and
• Any other details the court deems to be necessary to a specific case, such as a child’s special needs.

Working with a Family Lawyer to Reach an Appropriate Child Custody Arrangement

Your lawyer is your advocate. He or she will guide you through each part of the child custody determination process and other aspects of your divorce, such as the division of your property. With regard to your child custody determination, your lawyer will help you obtain the documents you need to demonstrate your fitness as a parent and walk you through each interaction with the court.

Work with a Birmingham Child Custody Lawyer

Child custody can be a complicated, emotional issue to tackle. To make it easier, educate yourself about how child custody is determined and what you need to do as a parent going through the divorce process. To learn more and discuss your particular child custody case, contact our team of Birmingham child custody lawyers at Iafrate & Salassa, P.C. today to schedule your initial consultation with our firm.