Child Custody Lawyer in St. Clair Shores

Legal Custody vs. Physical Custody

Physical custody is usually the first type of child custody people think of when they are going through a divorce, but it is only one type of custody. Physical custody refers to where the child primarily lives, and the parent they live with. Physical custody also determines the amount of time the non-primary caregiver will spend with the child. 

Although physical custody is what most parents are likely to prepare to fight for, matters of legal custody must also be decided during a divorce case. Legal custody refers to the parent that has the right to make important decisions for the child. These may include decisions about their healthcare, the religion they are raised in, and the type of education they receive.

While a parent may receive sole legal and physical custody of their child, that only happens in rare situations. For this to happen, the other parent must have little to no involvement in their child’s life. In most cases, the two parties will have joint legal custody. Physical custody is usually more difficult to determine because it affects one parent’s access to their child, and the amount of child support they are obligated to pay.

What are the Best Interests of the Child?

When the courts make decisions on child custody, they consider many factors, all of which are to determine what is in the best interests of the child. The factors considered include:

• The love, affection, and emotional ties between each parent and the child,
• The ability of each parent to provide love, affection, and guidance to the child,
• The ability of each parent to provide the child with their basic needs, including clothing, food, and medical care,
• The length of time the child has been in a stable environment, and the desirability to keep them in this environment,
• The permanence of the family environment in potential custodial homes,
• The moral fitness of each parent,
• The physical and mental health of each parent,
• The school, home, and community record of the child,
• The child’s preference, if they are of a certain maturity level,
• Willingness of each parent to foster an ongoing relationship with the other party,
• History of domestic violence, and
• Any other relevant factor

Judges do not give equal weight to the above factors. A child custody lawyer in St. Clair Shores can advise on how the above factors apply to your case.

Call Our St. Clair Shores Child Custody Lawyer for a Free Consultation

Child custody matters are highly emotional and very complex. At Iafrate & Salassa, P.C., our child custody lawyer in St. Clair Shores can advise you of the law, how it applies to your case, and use it to help you obtain the most favorable outcome possible. Call us today or contact us online to schedule a free consultation.